Lok Sabha Debates

Monday, November 1, 1976 Fifth Series Vol. LXV. No.7 Kartika 10, 1898 (Saka)

P tfttS eriw V«l tXV-N o. t. JM aW t Cktot e a& i f j t KartUm 3,

LOK SABHA DEBATES

(Eighteenth Seaiion)

(Vol. L X V contains Nos, 1 —9)

LOK SABHA SECRETARIAT NEW DELHI

Price 1 £1. 2.00 CONTENTS

/vo. 7— Monday, November I, 1976/Karaka 10, 1898 (Saka)

Co l u m n s pers Laid on the T a b l e ...... 1— 10

Public Accounts Committee- Two Hundred and Thirty-Fourth and Two Hundred and Thirty-fifth Reports. . u

Committee on the Welfare of Scheduled Castes and Scheduled Tribes—

Fifty-Seventh R e p o it ...... XI

^Business Advisory Committee— Sixty-fifth Report ...... 12

Constitution (Forty-Fourth Amendment) Bill . 12— 384 Causes 43 to 59 and 1 ...... 12— 383 LOK SABHA DEBATES

LOK SABHA versions) under sub-section (3) of section 49 of the Gujarat Sales Tax Act. 1969 read with clause (c) (iii) of the Proclamation dated the 12th Monday, November 1, 1976/Kartika 10, March, 1976 issued by the President 1898 (Saka) in relation to the State of Gujarat: - (i) (GHN 64) GST 1076/(S. 49) (50)—TH published in Guja- rat Government Gazette dated the The Lok Sabha met at Eleven of the 26th August, 1976 making certain Clock. amendment to Notification No. [Mr. S p e a k e r in the Chair] (GHN 627) GST 1070|(S. 49) — TH dated the 29th April, 1970. [Placed in Library. See No. LT- PAPERS LAID ON THE TABLE 1145/76], M erchant Shipping (Prevention1 of (ii) (GHN 65) GST 1076/(S. 49)— Pollution of the Sea by Oil) Amend- (SI) TH published in Gujarat Gov- ment Rules, 1976 ernment Gazette dated the 26th August, 1976 making certain am- ..THE MINISTER OF SHIPPING mendment to Notification No. AND TRANSPORT (DR. G. S. DHIL- (GHN 627) GST 1070/(S. 49)— LPN): I beg to lay on the Table a TH dated the 29th April. 1970. copy of the Merchant Shipping [Placed in Library. See No. LT_ (Prevention of pollution of the Sea 11451/76] by Oil) Amendment Rules, 1976 (Hindi and English versions) publis- (2) A copy of Notification No hed in Notification No. G.S.R. 1349 in (GHN 68) GHT 1076/S. 5(2;—(3)— Gazette of India dated the 18th TH (Hindi and English versions) pub- September, 1976, under sub-section lished in Gujarat Government (3) of section 458 of Merchant Shipp- Gazette dated the 1st September, ing Act, 1958. [Placed in Library. 1976 making certain amendment in See No. LT-11450/76]. Schedule 1 to the Gujarat Sales Tax Act, 1969, under sub-section (3) of section 5 of the said Act read with N otifications * u n d e r G u j a r a t s a l e s clause (c) (iii) of the Proclamation T a x A c t , 1969, S upplementary A g r e e - dated the 12th March, 1976 issued m e n t s b e t w e e n G u j a r a t a n d R e s e r v e by the President in relation to the B a n k o f I n d ia , a s t a t e m e n t f o r d e l a y State of Gujarat. [Placed in Lib- a n d N otifications u n d e r I n c o m e - t a x rary. See No LT-11452/76]. A c t . 1961

THE MINISTER OF STATE IN- (3) A copy of Notification No. CHARGE OF THE DEPARTMENT (GHN 69) GST 1676/(S. 23)—(4)— OF REVENUE AND BANKING TH (Hindi and English versions) (SHRI PRANAB KUMAR MUKH- published in Gujarat Government ERJEE): I bsg to lay on the Table: — Gazette dated the 1st September. 1976 making certain amendment in (1) A copy each of the following P a r t A of Schedule II to the Gujarat Notifications (Hindi and English Sales Tax Act, 1969, under sub- 2660 LS—1. papers Laid NOVEMBER 1, 1976 Papers Laid 4

[Shri Pranab Kumar Banerjee] Rules, 1976, published in Notifica- section (2) of section 23 of the said tion No. G.S.R. 1261 in Gazette o f Act read with clause (c) (iii) of India dated the 29th August, 1976 the Proclamation dated the 12th together with an explanatory me- March, 1976 issued by the President morandum. in relation to the State of Gujarat. [Placed *» Library. See No. LT- (ii) The Urban Land (Ceiling and 11453/76]. Regulation) Sixth Amendment Rules, 1976, published in Notifica- (4)

ogth ) Twenty-second Amendment the following papers (Hindi and Eng- Regulations, 1876; published in lish versions) under sub-section (1) Notification No. OJ3JL 848(E) in of section 618A of the Companies Gazette of India, dated the 15th Act, 1956:— October, 1976. (i) Review by the Government

Re v ie w a n d An n u a l Rep o r t o f L ub r i- (2) A statement (Hindi and Eng- zol In d ia L t d ., Bo m b a y fo r 1975-76. lish versions) showing reasons for THE DEPUTY MINISTER IN THE delay In laying the above docu- MINISTRY OF PETROLEUM (SHRI ments. [Placed in Library. See No. ZtAURRAHMAN ANSARI): I beg to l»y on the Table a copy each of LT-11461/7BJ. 7 Papers Laid NOVEMBER 1, 1976 Ptfp*r» Laid f

A n n u a l F in a n c ia l S t a t e m e n t s jpqr (*)) -v r^ m flfwrihr *t 1976-77 o r T a m i l N a d u B&ecracmr B o a r d a n d A v o ir R e p o r t o n A n n u a l Ffwft ?jht A c c o u n t s t h e r e o f f o r 1972-78 •w i t h % fTT«T WrH’ «TWr S t a t e m e n t s f o r m o t l a y in g i n H i n d i a n i; A n n u a l F in a n c ia l S t a t e m e n t ftr^ rr w r «fiNfr f o r 1976-77 op G u j a r a t E l e c t r ic it y # 5^>r) i B o a r d with statem ent for not laying [Placed in Library. See No. LT- i n H i n d i 11463/76]. s u f if* rw ( ) fa v ) swm) : if *wr 3 % wyrfa iro fortv 12 *n*, *mr «T2H r r rw ^r g — 19 7 6 arnft «ift »rt % spnr (*r) (?fcr) ( 1) (% *) t ^*TT TC3T ; apROT STcTR srrnr India, Revifw and Annual Report o f *ihft ?r^>r) i Film Finance Corporation L t d , Bombay foh 1974-75, Notifications [Placed in Library. 5ee No, LT- under Tamil Nadu Cinemas (Regu- 11462/76]. lation; Act, 1995, and Bombay Cinema (Gujarat Amndt.) Rules, (2) (m?) rrfwrr^ TT^xr ^ 1976 with statem ents for delay. *r THOTfjr srrr fo rr^ THE DEPUTY MINISTER IN THE 31 3R*fV, 1976 ^ ^ ^ MINISTRY OF INFORMATION AND *r£ ^«fttr»TT % (*r) (;«rn:) BROADCASTING (SHRI DHARAM BIR SINHA): I beg to lay on the ^ *nar TferT f ? ^ (sr^nr) Table — srfsrfsr^nT, 1948 a irr 69 (1) A copy of the Annual Report % sRT*r?r ?rr^T?rr< (Part l) /Hindi and English v e r - 1 9 7 2 - 7 3 3; srrfarc? sions) of the Registrar of News- sr# crr srfcrt^r ^ papers for India on Press in India* 1975. [Placed in Library. See No. t**»r srfir i LT-11465/76]. papers Laid KARTIKA 10, 1898 (SAKA) Papers Laid 10

(2) A copy each of the following Rules, 1957. papers (Hindi and English versions) (iii) G.O. Ms. 2280 published in under sub-section (1) of section Tamil Nadu Government Gazette *19A of the Companies Act, 1956. dated the 7th January, 1976 mak- (i) Review by the Government ing certain amendment to the on the working of the Film Fin- Tamil Nadu Cinemas (Regulation) ance Corporation Limited, Bom- Rules, 1957. bay, for the year 1974-75. (iv) G.O. Ms. 191 published in Tamil Nadu Government Gazette (ii) Annual Report of the Film dated the 18th February, 1976 Finance Corporation Limited, making certain amendment to the Bombay, for the year 1974-75 Tamil Nadu Cinemas (Regula- along with the Audited Accounts tion) Rules, 1957. *nd the comments of the Com- ptroller and Auditor General (v) G.O.Ms. 416 published in thereon. Tamil Nadu Government Gazette dated the 24th March, 1976 mak- (3) A statement (Hindi and Eng- ing certain amendment to the lish versions) showing reasons for Tamil Nadu Cinemas (Regula- delay jn laying the above docu- tion) Rules, 1957. ments. [Placed in Library. See No. (5) Two statements (Hindi and LT-11466/76], English versions) showing reasons (4) A copy each of the following for delay in laying the above Noti- Notifications (Hindi and English fications. [Placed iv Library. See versions) under sub-section (3) of No. LT-11467/76], section 10 of the Tamil Nadu Cine- (6) (i) A copy of the Bombay mas (Regulation) Act, 1955 read Cinema (Gujarat Amendment) with clause (c) (iv) of the Pro- Rules, 1976 (Hindi and English ver. clamation dated the 31st January, sions) published in Notification No 1976 issued by the President m GH/G/131/BCR-3275/238 3-A in relation to the State of Tamil Guiarai Government Gazette dated Nadu: — the tith May, 1976, under sub-sec1ion (i) G.O. Ms. 2868 published in O) of section 9 of the Bombay Tamil Nadu'*Government Gazette Cinemas (Regulation) Act, 1953 read dated the 22nd January, 1975 •with clause (c) (iii) of the Proclama- making certain amendments to tion dated tbe ‘ 12th March, 1976 the Tamil Nadu Cinemas (Regula- issued by the President in relation tion) Rules, 1957. to the Stale of Gujarat. (ii) G.O. Ms. 773 published i“ (ii) A statement (IIJndi and Tamil Nadu Government Gazette English versions) showing reason* •dated the 28th May, 1875 making for delay in laying the above Noti- certain amendments to the Tamil fication. [Placed in Library. See Nadu Cinemas (Regulation) No. LT-11468/78]. I I s c & ST Welfare NOVEMBER 1, 1*70 ConetittsUa* <44*H Arndt.) ia Comm. Report 11.68 fer* BUSINESS ADVISORY COMMITTEE

PUBLIC ACCOUNTS COMMITTEE Sanr-nrm Rmnr THE MINISTER OF WORKS AND Two-HUNDRKD AMD TBX8TV-FOURTH AND HOUSING AND PARLIAMENTARY T w o -H u n d r e d and TmsctY-Tarsn AFFAIRS (SHRI K. RAGHU RAM- R e p o r t s AIAH): I beg to move:

SHRI H. N. MUKHERJEE (Cal- "That this House do agree with cutta—North-east): I beg to present the Sixty-fifth Report of the Busi- the following Reports of the Public ness Advisory Committee present- Accounts Committee:— ed to the House on the 80th Octo- ber, 1976."

(1) Two Hundred and thirty- There is a printing mistake. Actually, fourth Report on Action Taken by for items 1 and 2 the total time Government on the recommenda- allotted is 2 hours. It is wrongly tions contained in their Two Hun- put as separately 2 hours. Subject dred and twenty-second Report on to this correction, I commend it to ‘Regularisation of Contingency Fund the House. Advances’ relating to the Ministry of Finance (Department of Eco- MR. SPEAKER: The question is: nomic Affairs). "That this House do agree with the Sixty-fifth Report of the Busi- (2) Two Hundred and thirty-fifth ness Advisory Committee presented Report on Action Taken by Gov- to the House on the 30th October, ernment on the recommendations 1976.” contained in their Two Hundred and seventeenth Report on Ac- The motion was adopted. counting and Procedural Matters relating to the Ministry of Finance (Department of Economic Affairs) and Ministry of Finance (Defence). 11.63 hrs. CONSTITUTION (FORTY-FOURTH AMENDMENT) BILL-contd. COMMITTEE ON THE WELFARE MR. SPEAKER: The House will OF SCHEDULED CASTES AND now take up further clause-toy-clause SCHEDULED TRIBES consideration of the Constitution FXFTY-SEVENTH REPORT (Forty-fourth Amendment) Bill. We are on clause 43 SHRI NTHAR LASKAR (Karim- ganj): I beg to present the Fifty- Clause 43—(Insertion of new article seventh Report (Hindi and English 257A)—contd. versions) of the Committee on the SHRI P NARASIMHA REDDY Welfare of Scheduled Castes and (Chdttoor): I beg to move; Scheduled Tribes on the Ministry of Works and Housing—Housing facili- Page 13, line 1,— ties for Scheduled Castes and Sche- before “Parliament" Insert— duled Tribes provided by the Delhi Development Authority in the Union "Notwithstanding anything to Territory of Delhi the contrary in clauses (1) a n d (2) supra,” (210) *3 Constitution KARTCKA 10, 1898 (SAKA) (44th Amdt.) Bill 14

J*age 18, lin e 34^ - tions, privileges and liabili- ties of the members of any faroe after “India” insert— or any contingent or unit tfctra of deployed under clause (1)

“if it is satisfied it is necessary during the period of sudh so to do or at the request of any deployment.” (476) State” (228)

SHRI N. SREEKANTAN NAIR SHRI K. MAYATHEVAR (Dindi- (QuOon): I beg to move: gul): I beg to move: Page 12, line 34,— Page 12, line 37,— (i) after “257A. (1)” insert— after “State” insert “after du* “Parliament by passing a consultation with that Stat* resolution in both Houses fcy a Government” (539) majority of the total membership of the House and a majority Page 12,— of not less than two-thirds of omit lines 38 to 43. (548) the members of the House present and voting allow”. SHRI SHANKAR DAYAL SINGH (ii)/or “may” substitute “to” (Chatra)' I beg to move: (285) Page 12 line 36,— SHRI INDRAJIT GUPTA (Alipore): after “order” insert “and trea- I beg to move: son" (564) Page 12,— SHRI PRIYA RANJAN DAS MUNSI (Calcutta-South): I beg to for hnes 34 to 43, substitute— move: “257A. (1) The Government Page 12, line 37,— of India may deploy any armed force of the Union or any other after “State” insert— force subject to the control of the Union for dealing with any “on receipt of a report from grave situation of law and order the Governor to get any in any State, if the State con- armed force of the Union cerned seeks such deployment. or any other force in State.** (2) Any armed froce or other (587). force or any contingent or unit thereof deployed under clause Page 13, line 4,— (1) in any State shall act in add at the end— accordance with such directions as the State Government con- “and Parliament may with- cerned may issue and be subject draw such forces if it so to the superintendence or con- desire”. (600) trol of the State Government on any officer or authority subordinate to the State Govern- SHRI N. SREEKANTAN NAIR ment." (475) (Quilon)- The text of my amendment is: Page 13,— “Parliament by passing a resolu- for lines 1 to 4, substitute— tion in both Houses by a majority *'(S) The State Government of the total membership of the shall specify the powers, func- House and a majority of not less G m rtttetion NOVEMBER 1, 1976 (44*fc Amdt.) BiU l6

[Shri N. Sreekantan Nair] powers to deal with those situations. I think the convention which has b ett than two-thirds of the members of followed so far and that was « healthy the House present and voting al- convention, is that on the request «f low". the State Government which is un- want that certain limitations should able to tackle a particular situation, » imposed on the powers of the the Centre may give help to that ivernment to send armed forces to State by deploying any of its armed ie States at any time. This is a forces and it is also the convention .»ry serious matter and may involve that during the deployment of those :fie Centre and the States in bicker- armed forces in that State, those ings and even fight. Therefore, it is armed forces remain within the ilways better that the right to deploy supervision and control of the State the armed forces of the Centre must Government. Here something is devolve on this Parliament and being suggested which is intended to it should be exercised only by two be written in the Constitution, which thirds majority of this House. If means that we are abandoning that the resolution is passed by the House convention altogether. What is the py a majority of the total member- reason for it? What is the situation ship of the House and a majority of which has caused the Government to pot less than two-thirds of the mem- come forward with such a proposed bers of the House present and voting, amendment which, I am afraid, what- only then the Government should ever the intention, just on the face of it. vitiates to some extent the principle Bend the armed forces. That is my of State autonomy. Although our am endm ent and I hope. Government will accept it. Constitution U not a federal Constitu- tion in that sense, there is an aspect SHRI INDRAJIT GUPTA of our Constitution which certainly (Alipore): Sir, I am opposing this upholds the federal spirit. India has amendment to clause 43 and I am been described as 'a Union of States’ I moving our amendments perticularly, in the Constitution. If a law and 475 and 476. As Mr. Sreekantan order situation becomes serious in Nair has said just now, this clause 43 any particular State, the Governor of has got very serious implications and that State is empowered to send his the hon. Law Minister will, I am sure, report to the Centre and generally it explain to the House what has hap- is only on the receipt of the report pened to necessitate this kind of an from the Governor that the Centre explioit taking of powers by the decides whether it should intervene Government of India unless it is or not .1 do not want to recount past cases whether it be West Bengal or meant only for the duration of the whether it be Uttar Pradesh under the Emergency. But, I think, that is not then Chief Minister, Shri Kamalapathi the intention. The intention is to Tripathi or so many other States explicit taking of powers by the where the Governor submitted a re- Constitution As matters stand at port drawing the attention of the present under the existing Constitu- Centre to the fact that a serious de- tion, I would like to ask the Law terioration or break down or threaten- Minister whether the Centre or the ed break down of law and order was President has not already got ade- there and in his opinion the State quate powers to take necessary action Government with its resources was in case there is any serious threat to not in a position to tackle that. Then, or break down of law and order in it is open to thfe Central Government any State? Such situations have to give directives to that State Gov- arisen over the past years and, I ernment. Under the Constitution it think, the Centre has had no diffi- has powers in Part XI—rRelatiens culty In using its constitutional between the Union and the States. J 7 Constitution KARTIKA 10, 1890 (SAKA) (44th Arndt.) Bill 18

The State Government has to comply forces, there will be functioning, a with any directives given to it by the Central armed force or forces which Centre. And the Constitution lays will owe no kind of allegiance or have down that if it fails to comply with no obligation to the State Government such directives, then if the Central and but will be directly under the Government thinks it tiedessary, it Centre. I think some very unfortu- can dismiss that State Ministry, or it nate situation may arise which none can send its armed forces there if it of us would like. wants. There is nothing to prevent it in such a situation. But I am afraid that the amendment which is propos- I remember that when the Provin- ed would mean this. Consider a situa- cial Aimed Conslabulary revolted in tion where even the Governor has not Uttar Pradesh, it was perhaps a most thought it necessary to send such a senous situation of this type that we report to the Centre- Of course, you have had to face so far since Indepen- may feel that there may b2 some Gov- dence. And there, ultimately the ernor who is either inefficient or is Central armed forces had to be de- in collusion with some State Govern- ployed and they besieged the barracks ment which does not ask for Central of the Provincial Armed Constabulary intervention. These are very hypo- and foited them to surrender their thetical and far-fetched things. I do aims and so on. I do not know not think we have any instance of exactly what role was played that this type of ar governor because after time by the State Government, or the all, governors are appointed directly Government of that State at that by the President. Why does the Gov- time. At least the situation had gone ernment think that it does not have beyond the State where the Provin- adequate powers as it is? It can give cial Armed Constabularry had openly a directive, it can take action against revolted But, surely, under these pro ti\e State Government which does not visions of the Constitution there is comply with that advice and it can sufficient safeguard here for the Gov- act on the basis of the Governor’s re- ernor and for the State Government port even if the State Government also, to avoid such situation develop is not requesting the help of the mg, or to tackle such situations if armed forces and is continuing to go on they develop, if necessary by seeking on its own way; and there is nothing the assistance of the Centre. in the existing Constitution to prevent the Central Government, particularly during periods of Emergency, from taking any action. Therefore, 1 would Now, if I say that the passage of like to know why the Government is this clause 43 would create a suspicion laying this down in black-and-white m the public mind that it is meant to in writing into the Constitution, that deal wjtb only such contingencies the Centre must be given these powers where tlieie may be non-Congress to deploy its armed forces even if the Governments in the States, Shn State Government does not consider Gokhale may again say that I am be- that such a situation has arisen, or has ing uncharitable and so on But it is not asked for help; and also to lay inevitable that this suspicion will be down that armed forces deployed m created that they are arming them- that State will be directly under the selves against the possibility of non- control and supervision of the Centre. Congress Governments being voted to Does it not amount to visualizing a power m some State or States and situation in which there may be two that they want to keep this power parallel administrations functioning with them so that on a future occasion within a State? The State police, the if necessary, over the heads of the State armed police etc. will remain State Governments they can Intervene under tfcfe control of the State Gov- with the Central armed forces. Even ernment; and side by aide with those if such a suspicion is unfounded, Rf 19 Constitution NOVEMBER 1, 1976 (4Mb Amdt.) BUI a o

fShrl Indrajit Gupta] You may *!y “of course, we would Shrj Gokhale will say it is unfounded, not like »l**y* to go to the extent of what is the great necessity of this dismissing a Ministry, a Ministry way haste to put this in the Constitution, not be so bad that it should be dismis- I would like to know, and unneces- sed, but there may be a law and order sarily give some people at least a situation which it cannot tackle." handle to create this suspicion in the Then, what is the Governor doing? people’s minds. I think some State He will report to you. If it is a State Government also, the Ministries m Government run by your party, surely the States, even if they are Congress- it will seek your help, if it is a State run Ministries, would not like this Government run by some other party, very much. Perhaps, in the present then also the Governor is there. So, situation I do not know whether they you should not give an impression to have made any representations, or the country that you are loading your they may not have made any repre- gun with ammunition to use some- sentations, I can well understand that time later, whenever necessary, against in the prevailing situation in the coun- some leftist, or Congo run, or DMK try of emergency and all that. But I run State Government or something am sure many State Governments like that. If you are so confident that would not like this suspicion of their th e non-Congress parties are anyhow political colour. finished politically, there is no chance1 of th e ir ever coming back---- Has anything happened up till today THE MINISTER OF LAW, to warrant such a drastic new clause JUSTICE AND COMPANY AFFAIRS being put into the Constitution? (SHRI H. R. GOKHALE): Why? Then, what is the Governor for, what are his powers for and what about SHRI INDRAJIT GUPTA: That the relationship between the Centre is what your members say “we have and the States? There are hundreds only to go to the polls and the opposi- of ways of dealing with the situation. tion parties would be smashed to In the past, you have not hesitated to smithereens”. dismiss the Ministries which you have the power to do, on the report of the SHRI H. R. GOKHALE: That is Governor that they cannot tackle the true law and order problem. You remember the stormy scenes m this House SHRI INDRAJIT GUPTA: Then when the first United Front Ministry why are you taking these powers, in West Bengal was dealt with in 1967. arming yourself against your own I am not talking about the second Congress-Ministries in the States? UF Ministry, but the first UF Minis- That has still worse implications. So, try, which was dismissed from office, I would humbly suggest, apart from on the basis of the report from Gov- the fact that you have got adequate ernor Dharam Vira, that a law and powers at present and all that, this order situation has arisen which the does go against the spirit of that much UF Government is not getting over, federalism which we have willingly rather the UF Government would like understood and accepted in our Cons- to encourage such things Did any- titution, and also the principle of thing prevent you from acting there? State autonomy. Was there any lack of power with the Centre? Did you not, simply on the I do not want a scene where the basis of Dharam Vira's report, with State police force and the Central one stroke of the President's pen, an- police force might come into a con- nounce that this Ministry is dismissed? frontation with each other. It would What was the difficulty? There was be a horrible state of affairs. Any- no difficulty. That is the constitu- way, it would be like two parallel tional fwwer that you have at present. armed police forces functioning with- 21 Constitution KABTQCA 10, 1896 (SAKA) (44th Amdt.) Sill

In a single State under different super- factorily and adequately under the- aion and different control. Is this a existing powers and the existing con- desirable thing? I think it is fraught ventions. Therefore, I would requast with great danger. the hon. Minister not to insist on this. SHRI PRIYA RANJAN DAS Because, what is the sudden reason or MUNSI: Lebanon. pressing urgency to put in such a drastic provision in the Constitution, SHRI INDRAJIT GUPTA: I do not which I think will lead to all sorts of know about that. Therefore, the complications and may create unneces- amendment which we are moving is sary fears and suspicions in the minds that “the Government of India may of the people in many States? So, I deploy any armed forces of the union, press my amendment. or any other force subject to the control of the Union for dealing with any ( s r a r r ) : grave situation of law and order in aft, w n r 1 3 ftiftfapT tr t any State, if the State concerned seeks PfH ftifaf ^rr such deployment”. Here, as Shri Gok_ hale knows, the State concerned seek- S — ing such deployment depends prima- “ 257V. ( 1 ) t o r rily on the report of the Governor, who is anyhow your nominee. Then, the second pail of the amendment t it irnfir «ft , ment and acting only under the direct ft wra w p ri *r tftfiwfcrtar orders of the Centre. t o % w t tfrfar f i *r ?rnnfW I think this convention or practice afar*, w f a F r v afa?r, which has been followed is a healthy one. None of us want such a situation *r«if«RPraafaPT-

sif] % ft* f , war f^r fir$ nft gf-fsm?T fsra ^t^WRPf»TfrtT ^ W f 5TTT ? lft *rFTT t t f f t 'T IW ^ vb? % TO «n7TT ^5 TT % I *mft 3ft ^ * i * 3 ?ft*ff % 5ft v t «rfc htt w «r2r % t o I , ?ft % *H5 ^ ?5pr< ?[t ^nTTTjT i f ? %, 3*r % *rwr *n*$rr f m *r , ** % wit % w ft % mi s ir sp$r «r^t ^tt M?pr t • v p t $ i *re$ It *rf*T*ranr *r aft *s - SHRI PR1YA RAftJAN DAS MUNSI gfcft T#r f , *ft *rre *rt (Calcutta South) Mr Speaker, Sir, per- WTPT VlfGI ^rTT ^lf»IT I W *I*ft haps this is the most sensitive clause oI the present Amendment Bill which re- * t wtft *r T«r% f fatft *ft ?rw v t | quires discussion on a much more ela- ift ? cRf ^ ^rePTr*ft 3* * ^ % borate wav I wish and hope that the * * f e % *T?5TFW=r I fa ?*r Law Minister will reply to it considering the mind of the Members of the w Jr‘‘rr^tv fftf” ^r »ft sfti Hoube and also considering that the v rc r ^ r i?«f? ^fcT^m t , tfV ?r?f?f?T Members are not only speaking ac. cording to their political motives, nJifsrr | , ??« n f *rrft % ^ rm fh : but also on the fate of the Tratfrfsw ^ «r^ ft It is tiue that nobody can write off from the record of history that people * ?rnr «rtr src % m«r «pw arfpr reioiced over freedom like anything because they got political freedom from the Bntish rule But they could not * *M tor ftfir <^ft aft % sleep happily because their brothers friends and other relations were killed mercilessly 2 5 Constitution KARTIKA 20, 1898 (SAKA) (44th Amdt.) Bill

You know, the great man not only of which came forward to incite the- our country but of the whole world police in a political manner and to use who laid down his life on 30 th January it for their political purpose was the 1948 for this great cause is Mahatma C.P.I.(M) in West Bengal. The mo- Gandhi. After considering all these ment Shri 'Jyoti Basu became the Home aspects, we find that India, that is Bha- Minister, I remember, the speech made rat—we caH. like this in our Constitu- by him w^hile addressing the police tion—no doubt gives a picture to the constables in Lai Bazzar. He told world that she is a country with high them, “"you are the weapon and you culture, rich traditions and having a are the part and parcel of society. unity of all religions. But don’t you You have to think of the purpose for agree with this fact that the forces which We have to come to power and which worked under British rule you have to act for that.” He made divided the country on the basis them politically-motivated and insti- of religion, caste and so on? But gated some of his officials to form a- a new type of force has emerged after political type of organisation within the Second World War, and during the the police. I h av e seen with my own last decade, all over the globe, that is eyes how the police was used for a the force of destablisation. These were political purpose. They were asked to- engineered by the imperialist forces, responed to the demands of the CPI(M) neo-jcolonial forces and other alied people. If there was somebody who forces. was regarded as non-CPI(M) follower, he was advised to he transferred. This Is it not true that in India on many is what happened. occasions, whether it was the chauvnis- Even then, at that time, I found that tic problem in Assam which we called Shri Dharam Vira, whether people the linguistic problem; whether it was may like it or not. did have the powers the riot between the Bengalis and the within the purview of the Constitution Assamese; whether it was the riot in to communicate it to the Centre and Andhra Pradesh for so-called sad slo- take necessary action and necessary gan of separation: whether it was the steps to save the State from the tyran- matter of P.A.C. revolt in U.P.: whether it was the problem of Naxalite ny of CPI(M) rule. What happened movement in West Bengal; whether it afterwards? Even when Shri Dharam was the Nav Nirman agitation in Vira's report was accepted in Delhi and Gujarat and a few little disputes like, the forccs were deployed there, even the Cauvery river dispute or the when the PDA Government could not Narmada river dispute, every time, function which was a combination of the* fomentation, the incitement, defectors, there was a tremendous mass came from a parochial or regio- upsurge in the State, not against the nal or chauvnistic angle? It is true CPI(Mj —not that they liked the that people out of their sentiments CPI(M)—but against the method and would like to express their views but manner in which the Government was there was always a certain group be- changed, the method and manner in hind them, a fascist group, which was which the Governor’s report was secur- against the interest of the nation and ed, the method and manner in which the forces of stabilisation. the C.R.P. was installed and the method and manner in which the police was acting. No one can deny that. I do not fully agree with the views expressed by Shri Indraiit Gupta. I The people’s upsurge has to be res- do not want to add anything. The Law ponder to in a different fashion. For- Minister will answer that. But I will tunately, our leader, Mrs. Indira gtve my own view. It is unwise to say Gandhi at that time gave a call in the that It was J.P. who first gave the call country within the Congress Party for of revolt to the police. The first party genuine basic economic changes and 7 Constitution NOVEMBER 1, 1976 (44th Amdt.) B ill 2$

[Shri Priya {Ranjan Das Munsl] while refugees started coming, w m the hyprocites who were with the lef- not the situation dealt with very tist forces and allied forces were ex- effectively and efficiently?. posed. They could not play their political game in a big way. That is how we The only point to which the Law fought the situation. 1 do not agree Minister made a reference was that with the view that the sitution in West through the deployment of the CRP Bengal was tackled by the CPI(M) or etc. sometimes the question of going by the army. The situation in West to a court of law can be avoided. For Bengal was tackled by the political that simple reason, are you going to wisdom of Mrs. Indira Gandhi in 1969 include it in the Constitutional guide- which responded to the call of the peo- lines* If so, how are you going to ple, the call of the nation, and comple- satisfy the people? The whole ap- tely exposed the hypocrites and a new proach should be how the people will atmosphere was built up. I agree that look at it and not what you want to if there is a mass upsurge in a State do. The people will look at it criti- even by the provocation of certain poli- cally and will say that what is being tical forces and the forces of de-stabil- done is not in their interests. For ex- sation, it has to be countered not by the ample, if you look at the behaviour C.R.P. but it has to be countered by the of the BSF—of course they are soldiers mass upsurge of the progressive forces. of our country and they defend the What happened to the J.P.’s movement? country, but the literacy in this country has been such that it has not pro- Have you been able to stop Jaya- moted good behaviour among these prakash Narain’s activities through forces of the country. The function- the Police? if the Police was so active ing of some of the forces, especially and the Q|tP was so active, why did the CRP and the BSF in some parts they allow a man like L. N. Mishra of the country has been inhuman and to be massacred? It is not that; it certainly not such as would meet with was the political inspiration of the the general approval of the Govern- - Bihar people and it was the leader- ment itself. I have seen certain ship of Mrs. Gandhi which directly parallel forces functioning. They gave a feeling to the people that these function independently, and automati- are the dark forces which we have to cally a clash of interests occurs, ques- combat. The moment the Govern- tions of superiority complex and in- ment gets a feeling that we can deal feriority complex crop up and pro- with the situation and stop it only blem« are created for the State. by arming ourselves with more administrative measures to use the Police and the Army, I may tell you In 1965—possibly Mr. Nanda was that it will only invite more ills and Home Minister at that time—1 had it is not going to serve the cause for seen m Calcutta hundreds of groups which it is intended. My submission under the Eastern Command of the to the Law Minister would be that the Army, the Police and even the State Governor is already entitled to submit Chief Minister, all representing the a report to the President m all mat- desire of the people ot the area, and ters to the Centre. Up till now. can the people accepted them and the peg- you show me a single example where ple really brought the situation under the report of the Governor could not command. Shri Nanda went as a pre- be helpful to the Centre? The Centre pfesentative of the Central Govern- can, if necessary send additional ad- ment and the people thought that if visers or depute more officials. When a Central Minister has come to see to Mr. S. S. Ray was placed as Minister control riot areas, why should we not in charge of West Bengal, being a support him. So, the people, at that Minister of the Cabinet, to deal with time, responded very well. These are the delicate situation in West Bengal, all our past experiences. 29 Constitution KARTUCA 10, 1898 (SAKA) (44th Amdt.) Bill 30

So, it does not require that amount time they get the chance, they would of caution. X ligree on the point do something to suppress the activi- made by to* Law Minister ties of the Government in a manner that the locoes of de-stabilisation desired by them. That is why, I make may do such things as even provoking this appeal. Make a provision for some regional sentiments. I don’t deny strengthening the hands of the Gover- this, but this is not the manner in nor. On receipt of a report from the which it should be taclked. That is Governor, this may be done. My only why I have a moved an amendment amendment is to insert after ‘State', opposing this. The manner in which ‘•on receipt of a report from the it should be done is this. Since fie Governor to get any armed force of Governor is a representative of the the Union or any other force in Central Government, you can give him State". extra powers to act independently and to give you a special report to enable you to deal with the situation In conclusion I would only say that in a manner which will be within the Parliament may withdraw such forces purview of'th e Constitution and will if they so desire. You have said that not be challenged in a court of law. Parliament will regulate, by law, the You can do that. We have made so powers of the members of force, etc. many provisions which cannot be We may also say that Parliament may challenged in a court df law, but there withdraw such forces, if they so de- should not be such a blanket provi- sire. Also you have not specified sion in the Constitution that any time what will be the position of the Stales. the Centre desires, it may send the Suppose tomorrow, a part of West Army or this and that. As I have Bengal is in chaos and an elected said, the moment we say that the Par- Assembly is there. I agree, you may liamentary democracy i£ supreme or send armed forces there. But what that the Parliament is supreme, the will be the status of the Assembly supremacy of Parliament means the there? Will it be dissolved or kept supremacy of the democracy of the in suspended animation?, All these country and the supremacy of the issues have to be spelt out very clear- democracy of the country means that ly beyond any doubt, so that this a particular party may be in power Amendment would be approved in a today but it may not be in power to- manner where people will not mis- morrow. May be, the Centra is being understand you. Otherwise, 1 can tell ruled by the Congress Party today and you what will happen? Some of these it may be that in the States there is bureaucrats are not loyal to the cause Coalition Government. We cannot of the people. We know how they avoid it under a Parliamentary sys- had protected the RSS and the Anand tem; whether it is a bipartite or a Marg criminals for the last 20 years tripartite system, it will exist. In or so, giving them shelter and alse that context, the actual implication of the information that they were being this Clause, the Interpretation of this watched by the I.B. people and that Clause, will not strengthen the unity they should leave Delhi, and so on. of this country. We will only give a I know, a few officials in this country lead to disruption, because, we are were constantly helping the Anand not committed enough to stop all the Margis by asking them to leave Delhi, activities of the monopoly press which to leave U.P., and so on as they were may take advantage of the situation. being watched by the I.B. Do you What do we find even about this cen- think that all these bureaucrats have sored press The programmes announc- become politically tuned for greater ed by the Prime Minister are not evolution of socialism? Do you think being highlighted every day except ^ that they have become tuned to act the Government text. Therefore, according to what our Prime Minister these forces are still active and at any preaches? No. There are enemies within. And you are giving this power 31 Constitution NOVEMBER 1, 1976 (44th Arndt.) BUI

[Shri Priya Ranjan Das Munsij qt# (vrsftj*) : «*nr in the hands of those enemies. It is *n«ft *ft rsraftar ^?rr % they who will execute these things; ftranr t o ffvftgre % ***** * they will interpret this in a difteient manner K i srcftaretf fa ff St ^ % t p T f t qi?ff I would, therefore, request the Law tffatrnr v t qmtarc ? Minister to consider my amendments irstfV srtf t 5Tm*r ^ tfU tt^ After the 1967 elections, some of the States were ruled by the Opposition s t o t t eft w tw tx «rr*fr Parties Even at that time there was fcrrc far «ft i no example of any State Government ^ ^ * t irftrvrc «rr i having disobeyed the instructions of the Central Government Now, by m x * s*nr «rr«rr fa *rt this Amendment, you ate providing v s i i ft fa $ z x ^ for parallel forces one, State forces, srfsnFR tot 1 1 and the other, Central forces This will create confusion, not only among ^ f a tsr t o % the Suponntendents of Police m the srfsrarrc $ z x s ttt ^ *r, sffrff % feff State*, but also among the people *r prfsnrr? $>*ft i «ft fsnr- India is a democratic country and it cannot be said that at all times, the T3PT z m JT?9ft ^ fa M forsrf Centre and the States will be ruled % tN% % ^ *ro«nff ^>t w s tr only by one Party, mavbe, some- ^t ^ r r i x m stpt ^ fa %q§ times the Centre may be ruled by one Party and a State or ,ome States cm rv %■ cft eft m ft ?mrar by another Party At that tune, if fjft ft i srreft 5f t t w % r the Central Government gives one ??rft qr«ff # *ft direction and the State Government gives another direction, there will be fSTPT f %ftT 'qf^TT ^ I a lot of confusion Even now under the present Constitution, the Central spF^ff «Ft f^FTT W T t^TT Government have a right to dismiss a State Government if, at any time, ?r*w^ | f a ^ ^ m there is a serious breakdown of law *TT% wrf?cT WTfqcT W!XT and order in that state Otherwise also, with the present advancement ?r^*r, ?r> ^ | i in science and technology, at any time the Centre can send then forces to a State, without any loss, of time, m *sfV gfa c w m 8® & % to maintain law and order By this Amendment, I am sorry to sa\ the 5 fr pTT i w fti mx State will become glorified municipa- T|&*ftT*s7tarfaTO5f lities under the control of the Centre ^ fair ^nr | a qft SW ?ff^T For these reasons, I oppose clause 43 fa fa kuizlft on behalf of my party and myself 31 ComOi&Utm KAST2KA 10, 18ft (SARA) (44th Amdt.) BUI 34

1 1 v w t t ^vr 3f wsrc f t 1 fw»€lf 5w t % ^ ft ’Pp ^ . . gv. J*-.. — ^ » iM -. -_^__- . -< ^ *w » iqtfT (pr^lîr tft w m tftf $wr vw i*nf v w f f ffif Hfr vr^TTT i an m n r inSh ft flw^f tf*r pt f*» ^ r tj fW t ?rtf vr »ft u t ? > r r f«rr ft, ft, « R ^ T v f t *PT w w ffiw w ^nft KT'f^Wnf ¥T ft HT f*Rft «fT ft, tfft $TT gfa«rt * ftffT 11 «rf*Tf?t f t 1 tft ^tft ¥ f Tft % ftr mfpvrnf V T f i w r ^ 1 «rH*fcr % «ft§ ftwr-ftST tfttff VT fn r ft I W3& lr tftft W t *tf 1 tft>P««rT % ?T?W tfft tf3ft fl^W 5t I w v r t w w r % ^®rr wrnr Hijf ft*u 1 * f *wwrt »t »rf tft *fr ft? tffa* 5m fvr^PT ft fr ^ fif snwrtfY tfft *fft tft tft m qnr % nix ?r^f tffiwR *f vrrf*m t t îr 5f w r ^rr «r wr t fiRrft $ itfihr tft *mn? tff, ^ 1 wi ^t ’fnw ^r*r, ^tr ?»n'V * f r sfb% tft *mr tft «rtr writ tft^riftr r a n r ^ r r m % ff w fo VT lr **rtft *rtt tft vrw w * t * | , *% hw tft impr |, faatft TW *ITt£ I %cm ^TT^ br tft **GTT ^ # rrwr tfrrr > % % m sw m ^ amr tft ft f r h t v r TTâff % ’TfTTiPI % $T fftT ^Ttft qfaife tft qf^fTT tft fT* 5f % T^t ft nrwrr ww?nfw ftnrr 1 wt ^ srawr % «n?r the Government that instead of solv- ^ fllA KWWWI | ing the problem between the states # 1 * $ m& the Centre, we need not intro- iftr ^ w% tft «nro 1 1 # duce any new amendment whtah WTÎT ft? w fcr ^ ^Fn VTT«ff tft |*F?r may create troubles between the Centre and the States. That ia what m k # <«F^r ft ffwtft

. [Shri K. Mcyathevar] Therefore, we should not concen- Then with regard to the consol of trate more and mftre powers in the the State Government machinery, do hands of the -Centra) Government. you think that you have forgotten When we are having some reappct to that we are having a Governor aft your the quasi-federal nature so far as agent lor the Central Government certain provisions of our constitution and the President of India? Do you are concerned, we should n«t beOome think the Governor is having no absolutely unitary in nature. tVe must power at all? Do you suspect honest- have at least partly federal and partly or dishonestly or in any manner ly unitary constitution. that the Governor is having no power at all to make any report about the State administrative machinery if it Now, not only the Central Govern- breaks down so far as the law and ment, but this Parliament and • the order problem is concerned? There- President are empowered with all fore, you are controlling almost all the powers to dismiss a State Gov- the powers to dismiss even the local ernment. Therefore, all the powers Government under certain provisions you want, to dismiss and take over of the Constitution. That is how you the State if it breaks down constitu- have dismissed the State Government tionally or if it becomes bankrupt of Tamil Nadu. Therefore, this pro- financially or if the State Govern- vision and introduction of an amendment fails to administer the State in ment under clause 43 is quite un- accordance with the provisions of the necessary and unwarranted under the Constitution, you have got. There- circumstances fore, I put it before the Government to drop this amendment altogether. We talk much about more and more powers to the States I have read in many papers reports of not I want to put forward the last point only Opposition Parties which are rul- in the interest of the ruling party ing in certain States but even those and the Government of India. People Chief Ministers who belong to the will suspect that all the powers are Congress Party are demanding more being taken away from the State and more powers for the States. That Governments. You are reducing the is the real state of affairs in India. poweis of the State Government to Now we are taking even education less than the powers with the Muni- to the concurrent list. cipal Committees- and the local pan- chayats The State Governments will not bp in a position to carry out the programmes under the 20-point pro- Some hon. Members from the Con- gramme if they are not allowed to gress Party spoke about river water continue with the powers that they disputes I appreciate it except on have at present I, therefore, request one point He said that this is in- the Central Government to drop tended to solve the problems of river clause 43 from this amendment. They waters disputes like the Kaveri, may carry on with other amend- Krishna, Godavari and Narmada. So ments We support tljose fully but many river water disputes are pend- not clause 43 We may not be mi*- ing. It is true that it is the duty of understood We are for one nation the Central Government to solve and national unity. them but the immediate problems, very essential problems are not taken into consideration in the 44th Amend-? THE MINISTER OF LAW, JUS- ment Bill. Instead of that we have TICE AND COMPANY AFFAIRS created unnecessary problems. (SHRI H. R. GOKHALE); The' com- V Constitution KARTIKA 10, 1898 (SAKA) (44th Amdt.) Bill meat* on this clause require, accord* can deal with the law and order situ- tog to me, a brief answer. But be- ation ordinarily arising in the State fore I do that, it is necessary to and only when the magnitude of that understand the scope of the clause. gravity of situation is such that Cen- tral Government's intervention be- An impression was given, when- comes necessary, then this power can ever there is a law and order prob- be exercised. It is not that we have lem in the State it is intended that no experience in this regard. It is power should be given to the Central true that the object, the intention of Government to interfere in such a the Government will be even for the law and order situation. That is not future after this clause becomes part correct. The clause itself points out of the Constitution not to exercise as —“for dealing with any grave situa- far as possible without consulting the tion of law and order in any State”. State Government. Who likes con- In the first instance it must be a frontation with the State Govern- grave situation of law and order. It ment whether the Government in the- is only then that these powers can be State may be of this party or of any invoked and the armed forces ol the other party on a matter of solving Union can be sent to a State. It is grave law and order situation for not intended that in the case of an which this clause is meant? The sus- ordinary law and *order situation picion that the Central Government which the States are supposed to deal wil] like to seize power from the State with themselves, there will be use of Government paiticularlv with refer- powers under this Clause. In fact, I ence to the Stat? where the Govern- might go even a step further and sav ment is not of the Congress Party is that it is only in rare cases where the to be argued when you cannot trust gravity of the situation is so great the Central Government for taking that the deployment of union forces an objective view of the situation. is necessary, that the power under This suspicion may arise if you can- this clause can be exercised. not trust the Central Government for anything else The Central Govern- Someone whispered just now— ment has the confidence and trust of who is to decide? It is not a question the people all over the country. It to decide When ivower is given to becomes the duty of the Central Gov- the Central Government, the Central ernment to see that not only in res- Government is to decide and It is not pect of grave law and order situation, necessary to be apologetic about it —in fact I read out the other day a because what is the cause for suspi- s^eci^c provision which we are not cion? If the Central Government amending now which is there in the can be given the power in respect of Constitution —but al«o it imposes many other matters where the Cen- a duty on the Central Government tral Government can be trusted for to take care of situation of this type a judicious and proper exercise of aii^in" anvwhere in the country. these powers, I do not see "the reason why in a matter affecting the -grave law and order situation, the Central 12 I n . Government cannot be trusted.. SHRI INDRAJIT GUPTA: Is not The wordings in the clause are Article 355 wi-’e enough .to cover “grave law and order situation”. everything? Thery* is some meaning, to the word “grave”. Certainly the powers of the SHRI H. R. GOKHALE: It does not SState* relating to the law' and order, confer any power. There !»*vhich is* a State subjeet, are not specific power. * affected in a sense that the States 39 Constitution NOVKMBS* 1, ttM <4*h Amdt) Bill 4** ernment to talcs up a position agafrut th e particular view which it the SHRI INDRAJIT GUPTA: But view taken by large majority o f t h e yero did not have th is a ll these people in that State. And it magr not yeopfl. You carried on a ll these be necessary to allow such an agita- years without any difficulty. Then tion to go on. But, in spite of th is, what is the need now? What are some people feel that it is neces- the governors doing? sary to do so. It is only the Central Government sitting at a dis- SHRI H. R. GOKHALE: I w ill tance and taking an objective view of cone to all the points. There is no the whole situation that can save need tor excitement. I was saying really the State Government from about Article 355. It imposes a duty. this embarrassment in which they There must be a corresponding are not in a position to deploy their power to enforce that duty. With forces to meet the law and order great respect to hon. Members. I situation. Therefore, the idea is not would say that there has been some to disturb— {interruptions). misapprehension, may be, genuine misapprehension regarding the ffhre m m f t * : «rarar oft, pc#«n of the President to supersede W f W * rft % fw r I , up the Ministry by imposing President’s rule. No doubt those powers are Art iwtft f i dftr there. What is the use of the argu- wrr— S $0*1 m ent, you do it only by dismissing the itfwfR * fiptf M inistry or, you do it by imposing President’s rule? In fact this argu- Twffwr *rrsrr n*n I *n*r — ment was anticipated when he spoke tprrt rn*HTTT flwro saying that Mr. Gokhale may argue a T fw n f njibft %i\7 that there may be cases where it is not necessary to dismiss a ministry w v srfrpff apiTfr ? but it may be necessary to deal with tit w rvrr wr. a specific law and order situation. w r ®p^*t—# w vr *$fr- What is anticipated is quite correct. There may be cases where this power ’TT^TT ^ | «lone is not enough. In fact that power under Art. 356 may have to be SHRI H. R. GOKHALE: My hon. utilised. We want to deal with a friend is a staunch supported of specific situation without dismissal cf Hindi. So am I. But the fact remains the ministry or imposing President’s that in spite of the fact that Hindi rule. I cannot appreciate the entreme has been accepted as a national argument, dismiss a ministry and language---- (Interruptions). Impose President’s rule, and don’t have this power. That is not an argument which I am able to under- sft W!W ffcfe: stand. Of course, regarding misuse s m * me ww *:r of power, I can say, misuse of power, like any other power, can lead to a ? bad situation. It is true we can trust the State Government to bring about qwo %R*Q li m a : WTT a situation within their own power to i wfir see that we don't have to use the power. I agree there. Take for w m r fa % tfr w x wfrfsrr f , instance a case of an agitation or a tfter-wr iw r I , I f r law aim order situation arising out o f sa n e disputes about language. It | . * 4 w fr r | is embarrassing for the Central Gov- w f «ffr f h t i t 41 CoJuttiuUon KABTXKA 10, 18M (SARA) (44th Am&t.) Bill 42

f( f ¥ vsrfll »uff spw t w rf^ , body, difficulties have arisen and agi- tations have taken place when, the State Government itself naturally, at « p tn f t 1 1 **r% fa* vpjw a particular point of time, is senti- fcAre* im f**r >fT fmw «p t avfr mental and is being embarrassed that they have to use the law and order 1 1 |rf*R f f *mp» vnfr firfpw forces against their own people. It A «m imft | w fw* «rnr may be that, in such a grave situation, it is necessary for the Central Gov- hirt *Nr arff $ 1 t o * w ernment to take an'objective view m w m fc . . . of the situation only if it becomes necessary and not on ordinary—I am emphasising on the words ‘ordi- *ft ih rc m m f tn .* 3«% f r a said about the President’s Rule; let «pr«f*r# * r s * t aft them read Art. 356. They will find that that power is for a different WTJft $®r I , ?T§ fPffft STS situation where there is a total break- *. , down, for example, of the constitutional machinery. But, we can visua- MR. SPEAKER: He wants that lise a situation where there is no such word to be added. breakdown, and it is not necessary to use the power under Art. 356 to SHRI H. R. GOKHALE: Sir, no- dismiss a ministry or to have a Presi- body can dispute that steps must be taken against the treason wherever dent’s Rule. And yet, it is necessary to deal with a particular specific the treason is. The point only is whether, when we are dealing with situation. That is the object and I a subject which is quite different, the should appeal to my hon. friends to introduction of the word ‘treason’ is have no suspicion because I give this assurance that it is not intended to relevant at all. I am entirely in agreement with him that Government meet an ordinary law and order situation. Hnd Parliament should do the maximum possible to see that treason is not allowed to spread in this country. MR. SPEAKER; Discussion on clause 43 has concluded. We shall My objection is only to the inclu- now go to clause 44. There are some sion of this word in this particular amendments. Clause. I am not against his sentiments or against his views. The other 0SOM 44— Amendment of article thing I was dealing with was that 1 believe in this fact that it is’ better Y 811) that sooner or later, in the entire country, we have the language, if you SHRI O. V ALAGESAN (Tbtrt- accept Hindi language as the national tani): I beg to move: language, as a national language of Page 13,— this country. The fact remains, however, that there are areas for reasons, which are sometimes sentimental and, omit lines 11 to 18. (33S) sometimes, arising out of fear, which SHRI DHARNIDHAR DAB: Z be* think that something is imposed on to move: 'them. Because of this fact that we do aot want to impose anything on any- Page 13,— 43 Constitution NOVEMBER 1, 1B76 (44th Amdt.) Bill 44

[Shri Dharnidhar Das] for you to remove him in “the interest for Clause 44 substitute— of administration. Now it could pot “article 311 of the Constitution be done. This particular provision is sAiall be omitted.” (845) protecting the government servant and the result has. only bred indis- SHRI INDRAJIT GUPTA: I beg cipline among them. Discipline has to move: almost disappeared from our administration. When emergency came a i a P a g e 13,— boon, some sort of discipline Jtfftd omtt lines 6 to 10. (477) been restored. Even now there is fear whether this discipline wfU last P a g e 13,— when the emergency is lifted. No jor lines 13 to 17, substitute— less a person than the Home Minister of the Government of India has said “Provided that where it is pro- only the day before, that old, anti- posed after such inquiry, to im- national forces were again surfacing pose upon him any such penalty, in spite of the emergency. Even such penalty may be imposed on when the emergency lasts, it is quite the basis of the evidence adduced possible that emergency might lose during such inquiry after giving its edge or wear off and indiscipline, such person adequate opportunity inefficiency might once again raise of making representation on the their heads. Clean and efficient ad- penalty proposed:’’ (478) ministration is a must for all times; SHRI O. V. ALAGESAN: I would it is not something which could be have been happy if the hon. Mover called a luxury which could be had had come with the suggestion to drop only at the time of emergency; we altogether article 311 from the Cons- should have it in normal times as titution. You will remember that well. If that is to be possible, this this article represents a charter to the clause should change. The amend- ICS men who were considered to be ment of the hon. Mover almost takes the steel frame of the British Empire it for granted that a second opportunity is a must, is an inalienable in India. This was intended to pro- righ* of the Government servant. tect them because our revolution was Why should he assume it? non-violent and we opted for conti- nuity and we accepted that this concept might be put in the Constitu- Actually he takes it away from tion itself. Whatever historical neces- article 311 (2) and having taken away, sities might have been there when he brings it again in the form of a the Constitution was made, no such new proviso which assumes as if the necessity or compulsion is there now. second opportunit> is an inalienable We now want a result-oriented, clean right Now, there is no need for that. «nd efficient administration. Now it Now, I am told that new experi- is not possible for you to take action ments are being conducted *n the ad- even against a single individual, ministration, in some Government however small an official of the departments, in Government Corpo- Government of India he may be. I rations, etc. Where the old fedual do not want the executive to take fringes have been done away with, arbitrary action against the govern- even the Assistants are not there, ment servants without a proper one officer takes the files to another enquiry. The man accused should be officer and this sort of trend has set given a proper opportunity to defend in. This trend should be encouraged. himself. If it is established beyond We should encourage this result- any doubt that he was a man guilty oriented trend because it will ulti- of indiscipline, corruption and given mately help the administration to be to inefficiency, it should be posible run more effectively and more 45 Constitution KARTIKA 10, 1888 (SAKA) (44th Amdt.) Bill 46 efficiently. So, Sir, all these things— officers in the key positions and be to hold an enquiry, to allow a man can also remove them and particular* to adduce evidence, to record and ly when a new President assumes enquire and allov a man to have any the Office, he can remove many of the amount of self-defenece—can be pro- old officials in the key positions and vided under the ordinary rules appoint his own partymen. There is of administration and regulations. no such constitution safeguard for the Why shou d they be exalted to the Government servants. Then the position and status of an Article in Constitution of Soviet Union also does the Constitution? Why is it necessary? not have such a provision, rather it The administration can take care of has a provision under Article 130 that it. It need not be that this protection any person can be severely dealt with should be included in the Constitution when he goes against labour disci- itse1.! So, my amendment is that pline' and when he goes against the the new proviso which the Hon’ble ‘socialist way of life’. The Constitu- mover seeks to introduce, which tion of the Chinese Republic says that seems to concur with the existing the government servants must be Constitutional provision, be removed loyal to the people’s democratic sys- from the Constitution and need not tem and they must serve the inte- be there. rests of the people. Only in the Indian Constitution we find this sort of provsion for people who constitute SHRI DHARNIDHAR DAS (Man- hardly 1 per cent of the total popula- galdai): Mr. Speaker, Sir, I have tion. There hi ? many more employees moved an amendment for the outright outside the government, in companies deletion of article 311. Here, in this and other services. Their services House, all these days, we have been are governed by service rules, stand- showing concern for removing all ing orders, etc. Adequate safeguards road-blocks in the way of bringing for Government servants can and about a social-economic revolution, In should be provided by enacting of other words, for socialist transforma- Law or in some other way. For it tion of our economy. Now, the main Constitutional provision is not neces- road-block is this bureaucracy. It sary. When the government is does mean a few individuals, it means elected by the majority of the people, many individuals at different levels it must be able to carry out the pro- in the administrative system. I do grammes in the interests of the not find such a clause in any of the people without any hindrance by the Constitutions that I have gone officers. The people are very mucn through. For instance, take the enthusiastic in their support of the American Constitution. There is a emergency and the Consti- system known as 'spoils system*. That tution (Forty-fcurth Amend- means' the President can appoint all ment) Bill. During the emergency, 4 7 Constitution NOVEMBER 1, 1*76 (44& Amdt) £Hl 4$

[Shri Dharnidhar Das] interests of Goveromant servants bo** officer* who were recalcitrant, anti- cause tribunals will not fe e l MNpM- democratic and hindering the imple- sible to the government mentation of the radical programmes erode the loyalty of (he government of the government have been dismis- servants. Obviously, a governmen t sed or suspended and discipline has without loyal officers committed t» been brought about. This has been the cause of socialist tauudbrmatlan. liked by the people very much. So, cannot implement the radical socio- this article Sll should be deleted. I economic programmes So, I request would like to quote what Pandit the Law Minister to consider deletion, Jawahar Lai Nehru said about of this article 311. bureaucracy: SHRI S. M. BANERJEE (Kanpur): “Of course, the government’s Sir, really I could not quite follow business is to help. That is what the arguments of the hon. member the Government is for. I do not who preceded me. I do not know deny that. It must help, but it is what is their worry and why they one thing to help and quite another are so much upset over article 311. to boss. Inevitably, this tendency In fact, the Civil Services (Classifica- to boss comes not so much at top tion, Control and Appeal) Rules were levels—perhaps sometimes even designed actually out of article 311. there—but lower down you go, the When this article was being amended petty official becomes not the petty in th e year 1963, all th e Central Gov- but a big boss.” ernment employees’ organisations and That day our Prime Minister, Mrs. the Members of Parliament of this Indira Gandhi also referred to the House irrespective of their party affi- sabotage of our cooperative farming liations whether it was late lamented programme. It is not only because Shri Krison Menon or Shri H. V. of the vested interests. Of course, Kamath or myself or Or. Singhvi and vested interests did it in their own others, had objected to any curtail- interest, but they worked in collusion ment of the rights given to the Cen- with officials who were responsible tral Government employees under for implementing such programmes fh Article 311. Now, w hat is the amend- the administration. So, they sabotaged ment which is being asked for by the th is very important programme of the Government in this Billl? In article government which would have 311 o f the Constitution, in clause changed the entire agrarian economic (2)—the words "and whose It structure in th e country on a radical is proposed, after such inquiry, line. So, all radical tall talks of to impose on him any «ueb bringing about a socio-economic re- penalty, until he has been given a voutton will be of no use if we do reasonable opportunity of making *e- not delete article 811. The tribunal presentatioa on the penalty prqpeffd, is another way of safeguarding ffia hut only en the bub til the qvttifli 0 Constitution. KARTQEA 10, 1806 (SAKA) (44th Amdt.)m il

during such inquiry” ahaU officer should have a right to maker be omitted. II means, he will not a representation on the penalty be given any opportunity after the penalty is impneeri Now, what is proposed when the facts are found the present procedure as far as and the penalty is proposed. It Government employees are concern- was then after the representatives ed? I am talking of dismissal and removal from service. First of an; of the civil servants had seen me cfeargas are ftamed and given to the and made it clear that they do not employee. When he replies to the want a right of re-hearing in the charge , he is asked whether he wants to be heard in person. If he wants matter again and a repetition of the to he heard in person, then a court entire proceedings but only a right of inquiry is appointed. When t.*ie to represent against the penalty penalty is imposed, he is given another opportunity which, according to proposed, that I brought this the Ru es, is termed as show-caus* amendment.” notice. So. two opportunities are given—first to defend himself against those charges and second, to any This is a serious matter. What Shn something more after the show cause Alagesan has said must be against notice was given. That was amended the Government servants because he in 1963. Shri Ashok Sen was the is against the Government servants. Law Minister. After we saw Kim It is true. But don't consider onjy with the representatives of tha Go- corrupt some corrupt officers Don't vernment employees, he himself had make it appear that the word ‘cor- brought forward an amendment. 1 rupt officers’ means a reflection on want to read the proceedings of April all the officers in the Government of 30, 1963 on the Constitution Amend- India. What happens to the Class ment Bill, 15th Amendment. When I III and IV servants; what happens was going to speak, the hon. Speaker to Class II and even to Class I ser- said: “Shri Banerjee—Before he be- vants? I would say that the guilty gins, I want to mention tha I have officers are never dismissed, either received notice of an amendment under Article 311 or under any other from the Government. It would be Article. The prisons are meant only circulated to hon Members tonifiht. for the unsuccessful criminals. If But I may read it for the benefit of somebody is unsuccessful, he goes to hon. Members, so that they may be the prison. Somebody who is success- aware of this as well. Page 3. line ful remains out and can seek selec- 18,—add at the end—“and where it tion and also win. But that is not the is proposed, after such inquiry to question If there are certain officers impose on him any such penalty, who are bad, you can remove them until he has been given a reasonable under compulsory retirement; you opportunity of making representation can retire them at the age of 50, after on the penalty proposed but only on 25 years of service. You are having the basis of the evidence adduced so many powers, because of Emer- during such enquiry*’. This amend- gency and otherwise also. Why amend ment was Brought by the Law Minis- this particular article? The present ter. These are tha wordings in the position in Article 311—which is Constitution at present. Then Shri being amended now—is the collective A. K. Sen said: wisdom of the House in 1963. Even Shri Aaoke Sen agreed with us then, “What was sought was that even at the time of its amendment hi 1968. Bran Mr. Nehru wae there then. I after hearing on the charges do not know what has happened now anft a nonrimrtan en tha facta, the Wlur dees tha present Law Minister 51 Constitution NOVEMBER I, 1976 (44th Amdt.) Bill

[Shri S. M. Banerjee] restricted. All the cases of the do not rely on his predecessor Shri Central Government employees wifi Asoke Sen who brought the earlier go to these tribunals. In view of this, amendment after discussion. In this where is the necessity for deleting particular case, unfortunately, Mr. or amending this Article 311 now? i Gokhale did not get an opportunity do not find any reason. 1 am unable to discuss with the Central Govern- to read the entire proceedings of Cite m ent employees and know their House relaiing to the 15th Amend' views. That is why we are propos- ment. Every Member in that Jrlouse ing our amendment, No. 477 in the supported our clause. Shri Sinha- name of Shri Indrajit Gupta and san Singh and all those .who- were others. It says. present at that time said that this much opportunity should be given to “Page 13.— the Central Government employees. omit lines 6 to 10." 1 would request the Law Minister, Mr. Gokhale to convince ms, and through me the 22 akhs of Central "We want these lines 6 to 10 to be Government employees: how will this omitted and substituted by what we amendment of Article 311 help the have mentioned in amendment No. ■478, viz. Central Government employees? “Page 13,— When the 15th Amendment was /or lines 13 to 17, substitute— discussed in thr House 4 days, it “Provided that where it is pro- was our party which suggested an posed after such inquiry, to impose amendment which was seen by the upon him any such penalty, such then Law Minister in the Lobby— penalty may be imposed on the and he approved of it; there is a basis of the evidence adduced du- reference to this also in the records. ring such enquiry after giving -uch Mr. Asoke Sen said that we wanted person adequate opportunity of two opportunities. Even in 1963 when making representation on the this thing came up, we were reason- penalty proposed.” able enough to accept that we did not want two opportunities to discuss I am not quoting only this. A select everything. We wanted the second committee was constituted on the 15th opportunity to give a reply to the Constitution Amendment Bill. In the show-cause notice given to the em- select committee, men like Mr. Setal- ployees informing them about punish- vad Talwar and Purshottam Tricum- ment or penalty. That is exactly what das gave evidence. I am unable to wc wanted. We never wanted the two quote from their evidence. They said opportunities to discuss the whole that a reasonable opportunity is a thing. ‘must’. What is a reasonable opportunity? We wanted only two opportunities: one when the charge-sheet I feel that our amendment should is given, to reply to the charge-sheet; be accepted; if Mr. Gokha'e is unaole and secondly when such a show-cause to accept our amendment, at least the notice is given, the person concerned amendment which was brought in by should get an oportunity to reply to his predecessor Mr. Asoke Sen should it. Is it too much? If the hon. Minis- be retained; it should not be dis- ter does not want our amendment, turbed. or if he is unable to accept it, let the original position remain. Let him At that time also, we discussed it withdraw this also. Under the for full four days. Ultimately, it was next clause i.e. in clause 46, tribunals found that it might be slightly are expected to be constituted. The amended, but there should be other scope of these tribunals is also amendments brought and this parti- 53 Constitution KABTIKA 10, 1898 (SAKA) (44th Amdt.) Bill $4 cular amendment which I read out 15th Amendment to the Constitution. was brought ita- We must rely on the wisdom of those Members who' were present in 1988, . The. Central Government employees and unfortunately, I was also pre- stood like one man during any emer- sent then. gency, whether 'it was in I960 or 1965 or 1971. I am -telling you that • f t f i l f W % («r*r*Jf) : «TWWT if there is any other internal danger 311 ffWIT or external aggression, they will again work unitedly.' I know that this f ft particular amendment was suggested by us in 1963 and after that it became Government’s amendment. This v t q r ^ i N f h forfait?*® had happened because even the late tpr® artff ^ %, $ f a lamfnted.Pt. Jawaharlal Nehru real- f I *1$ ised the role played by the Central Government employees in 1962. That f a * *rnr is .why we request the hon. Minister srnnfV vfc ifa ff tfr grns tr w r not to be rigid about it. This is the only Magna Carta for the Central fwr i tfr arcwr TO*t Government employees. Why do you ? r|f 1 i fr x deprive them of that? You are sett- | f a WT ing up some tribunals without know- ing the reference; you are going to set up tribunals where the bureaucrats will be their heads. Why are their rights being curtailed? I re- % f a * r 3 i i quest that this should have been discussed at the level of the JCM. Even v t wfiw p t fwra fen' i we were not told about it. I request T O 5RT 3f 46 I T T T VHPT you to read the Debates of 1963. I am sure you must have read them. v f t arr ? i $ t o w nr % qwrfiffd You should read the observations *rnr qrq% sraft t*srt made by the Members, eminent par- i * liamentarians like Mr. Krishna Menon and others. I may not be considered because I am an aggrieved man. I “323A. (l) Parliament may, by know how they were trying to pro- law, provide for the adjudication tect me. But, in spite of tihat, because or trial by administrative tribunals of Shri Mahavir Tyagi, I was dismis- of disputes and complaints with sed. Otherwise, Article 311 saves respect. to recruitment and condi- the Central Government employees. tions of service of persons ap- Unfortunately, civilian employees In pointed to public services and posts the Defence are not covered under in connection with the affairs of the this. Somebody, while drafting the Union or of any State or of any Constitution, left the word 'civilian* local or other authority within the in Defence. People thought that territory of India...... ” this Defence meant Army, Navy and the Air Force. Unfortunately, six *TCT | fa TO STOrft lakh Central Government employees known as civilian employees in De- fence are not covered under this. I v r e a f r o v r f i r % f?*$TO vTWR would respectfully request the hon. t - t f V r

.'[m f!lf:A'T~ r~~] ~rf1W7 if l1;Cfl ~ f~!l ~Ol' ~'lTa, -«'(&1'11' fl:ffi ~lr ~, ~ ~l=OIf.:1:Ta epT;r ~~r it rrTf~ 'l1<:m O;:Qm ~, lI'~ lfr~r . ~ ~~ r!lo[jCff~T 9'1<: ~:l>~ ~ I >;IT11iT t m ~lt~r ~~'h:~T~li ~Tt ~f;r 1i~r m .~B'~\"'":"'l: .f>=(if 1 . ~Tt~f ~~fi~~ ~~ 'iff\it 'liT~~ SHRIMAl'I PARVATHI KRISH- ~.I ~fulr ~fqcn

"No such person as aforesaid This is the type of injustice that is shall be dismissed or removed or possible; this is the type of distor- reduced in rank except after an tion that is possible and this is the enquiry m which he has been in- type of bureaucratic excess that is formed of the charges against him possible if this safeguarding provi- and give a reasonable opportunity sion is not there. Surely, the Gov- of being heard in respect of those ernment employees should have the charges provided that where it is right' to make his position clear at proposed after such enquiry to the time when the disciplinary action impose upon him any such penalty, is being contemplated. such penalty may be, imposed on the basis of evidence adduced during such enquiry and it shall not be necessary to make any such We; haVe had some cases for ins- representation on the 'penalty pro- tance during the Emergency neriod. posed." When these cases were brought to the notice of the higher authorities, We found that some of the people Therefore, you are denying him the who took such action were conti- right of making any representation, nuing in their position with impunity in regard to the proposed penalty and and, on the other hand, there were what We are requesting is that you others who were arbitrarily retired should accept OUr amendment and . and not given a chance to make their preserve the right of making repre- representations and, in spite of re- sentation against the penalty proposed peated representations on a personal which, in many cases, may be far level by Members of Parliament beyond what is justifiable. This is to the Minister concerned, they were the spirit behind our amendment and retired from service. For instance I hope the Hon. Minister, wfio seems there was a caso where a large num- to have had an allergy to almost all ber of railway employees in Gonda the amendments of this Party, al- Loco Shed were sacked. The engineer though they had strong democratic concerned decided that he was going content, will not show the same al- to sack the whole lot of people. He lergy in this case also. retired them compulsorily. What happened then? The case was gone into and it was found that there was no ground for the compulsory retire- SHRI H. R. GOKHALE: My friend ment of those Railway employees. has said that I have allergv for all Now, new charges are be.ing cooked their amendments. I have no allergy up. for any amendment at all, but I just cannot accept an amendment just because it is moved by this Party Now" if this clause remains even or that Party. Some Hon. Member when finally the punishment is to be has said 'you accept at least one given, the concerned employee will amendment from our Party'. If the not 'have' 'any redress at all or nny amendments were good I would not opportunity of defending himself. mind accepting even all the amend- 59 Constitution NOVEMBER 1, 1976 (44th Amdt.) Bill 60

' IShri I I R. Gokhale] the conclusion that all or some of ments from the Party; but the whole the charges have been proved and it question is that whether we accept an is therefore necessary to take action amendment or not is not because it against a person. Should h* then be comes from this Party or that Party. given another opportunity to plead They must have noticed that I have that on that basis, not the punishment not accepted any amendment from proposed but some lower punishment our Party also. or some higher punishment should be given? We have a feeling that The point is that this Article has this proposal in the amendment does coime into our Constitution as a not detract from the concept of legacy of the Government of India reasonable opportunity at sill. As I 'Act. That is not to say that, at that have said, this is still there. time, there was no reason for continuing this provision 'm the Constitu- An extreme suggestion has been tion. My friend Mr. Banerjee has made, I think by Mr. Das, that the 'said that this was done on the co1- whole Article should be deleted. lective wisdom of the Constituen That means that the ‘reasonable op« Assembly. portunity’ that is being continued SHRI S. M. BANERJEE: I men- now should be taken away. There ia tioned 1953. no doubt that there is a strong feeling in some quarters that this Article , SHRI H. R. GOKHALE: This was which is giving special protection to made in 53, it is true. But, from that ‘employees of the States and the point of view, we can say that every- Union is creating many difficulties, thing that is there in the Constitu- with the result that there is greater tion and everything we are seeking indiscipline. For example, the or have sought to put into it has Prime Minister can dismiss a Minis- been on the collective wisdom of ter but she cannot dismiss an officer. some time or the other. We have no Instances are not wanting where the disrespect for the collective wisdom proceedings started were completed of that time, but the point is that after the person concerned had re- when we are reconsidering every- tired. In one case, an employee also thing now, we are considering it from said ‘now you can do what you like the point of view of a little more since I have retired’. Therefore, wisdom which we might have gained some people are saying that the since that was done. whole Article should go. But that is not our proposal. The Article re- Now, it is wrong to think that the mains, except for the second part. concept of reasonable opportunity is The second part, which leads to a being taken away. In fact, the lot of dilatoriness in the enquiry, earlier part of the Article savs th'il need not be there.... nobody shall be dismissed or reduced in rank without giving a reasonable SHRI S. M. BANERJEE: That is opportunity. That is not being not what we wanted. The first part touched. Therefore, the enquiry is that when a charge-sheet is must be on the result of a reasonable given an opportunity to reply opportunity and that reasonable to the charge-sheet will be opportunity has not been defined given. But after some punishment is here because it is well understood by decided upon and when a notice is all nwrf various decisions have also given that the Government has de- been given by the courts. Therefore, cided to impose such and sucfti a the reasonable opportunity is still punishment, he should be giveti' an there. The only question is whether opportunity to reply to that algo. another opportunity should be given after the enquiry is over when the SHRI H. R. GOKHALE: This person holding the enquiry comes to whole point was discussed. I Hstva 51 Constitution KARTIKA 10, 1896 (SAKA) (44th Arndt.) Bill 62 had some experience of those enquir- Jj point. But the point I am m altin g ies, not only in courts but otherwise I is that this does not detract from the also. I know what you are saying. main condition in the Article that an You are saying that it is not enough inquiry has to be made after an op- if you give him an opportunity at portunity is given. After a conclusion the* time of holding the preliminary to reached regarding the guilt of the enquiry; after coming to a conclu- accused, if anyone wants to make a sion that the charges are proved* on representation, this does not prevent the basis of those proved charges them from making the representa- you should further ask him what he tion also. has to say in regard to the penalty that is proposed to be inflicted. SHRI INDRAJIT GUPTA: It does.

SHRI S. M. BANERJEE; He should SHRI H. R. GOKHALE: It does not; it only says that there is no obliga- be Allowed to make a representation. tion . .

SHRI H. R. GOKHALE: Nobody is SHRI S. M. BANERJEE: It says prevented from making a represen- that nobody can set aside the con- tation. If somebody wants to make clusion at the enquiry on the ground, a representation, nobody will say he that a second opportunity as a matter shouldn’t. No citizen is prevented of Constitutional obligation was not from making a representation; but given. the point is whether a Constitutional guarantee . . . SHRI H. R. GOKHALE: But the person may make a representation on the penalty proposed to be imposed. SHRI S. M. BANERJEE: This Is very important. My point is that SHRI S. M. BANERJEE: Are you the Civil Services Rules which are in going to amend the Civil Services •consonance with Art. 3 say that when (Classification, Control and Appeal)' he is given a charge-sheet, he replies Rules after this? to the charge-sheet and he is heard in person, and then, after an Inquiry SHRI H. R. GOKHALE: I can’t say. Officer is appointed and he gives his Normally, rules will be in l:ne with findings, he is given another oppor- ' the Constitutional rules and most tunity. That is not a further in- rules provide for two stages of an quiry . . . enquiry. I know that, because that is a Constitutional provision. SHRI H. R. GOKHALE; If you are MR. SPEAKER: The Rules cannot thinking of an enquiry at the stage be otherwise. when evidence is taken or documents are collected, this is not an enquiry SHRr H. R. GOKHALE: I agree of that type. This is in the sense with you that the rules here are like that after a prima facie conclusion that. Later on, to the extent to which is reached with regard to the guilt ot we have to bring the rules in line a person, according to you, the per- with the Constitutional Provision, son must be told that ‘this is the some amendment of the rule may be conclusion to which I have come and necessary. But I cannot at this stage I want to dismiss you; have you say which rule will be amended and anything to say?’ Because even if in what way. Therefore, let us remove the charges are proved they may not the impression that opportunity is not lustily dismissal but may justify being given. The extreme example is only some lesser penalty like a what my friend, Mr. Dhamidhar Das warning or other penalties men* has suggested, namely, delete the tianed here. I think that is your whole thing. I am not in a position «3 Constitution NOVWBMt 1, lift '(Hlft Amdt,) S it!

[Shri H. R. Ookhale} afttffcutfd tk>ay contain such £ * » at the moment ta accept that amend- vision# lor the amendment of Chap- ment. Some Members have asked why ter VI of Part V! as may be necea- there should be a Constitutional provi- sary for giving effect to the provision and have said that we could sions of that law and no such Uttr make an Ordinary law. But these are shall be deemed to be an amend- things which can be considered at the ment of this Constitution for the a$p?8Pri*te time. I do not think I purpose of article 388.” ■can accept either this amendment or the other amendments. MR SPEAKER: Discussion on this If you think of the implications ot Clause is concluded. We go no to this Clause, 1 feel that the Constitu- Clause 45. , tional sense of anybody will get a Clause IS— (Amendment of Article jolt Here is the Constitut.on, and Chapter VI of part VI is a part of the 312). Constitution and that part contains SHRI C. M. STEPHEN (Muvatu- five articles. Article 368 says that any puzha): 1 beg to move part of the Constitution can be amended, and there is a procedure Page 13,— stipulated for that. You can amend omit lines 23 to 35. the provisions of the Constitution only by the exercise of your constituent Page 13,— power and only by a particular pro- ceeding. And here is a wonderful, omit lines 23 to 35. new device which says that Parlia- ment may pass a law; the law may SHRI K. MAYATHEVAR: I beg to provide for amendment of certain move: articles of the Constitution, and the Page 13, line 28, — Articles will stand amended; and that law will not be deemed to be an after “district judge” insert— amendment under article 368. If this is a valid provision, you can as well “and district munsifs and pass a law and amend any article in first class Magistrates” this Constitution, and you can say that that amendment will not be MR. SPEAKER: Before I call upon deemed to be an amendment under Mr. Stephen to speak, I would once article 368. There are two contradic- again request the hon. Member to be tory positions. Article 368 speaks of brief, because, we are taking one the constituent power, only by a parti- hour for each Clause. I do not want to cular procedure, Constitution can be deny the opportunity to the Member amended and then alone the Consti- who wants to speak, but he should be tution will stand amended. Here we brief. I think, each hon. Member can say that we forget about article 388 make his point in five minutes. and, under an ordinary law, we can Mr. Stephen. amend the Constitution. The question is whether you can delegate your con- SHRI C. M. STEPHEN: I take the stituent power to a legislative authori- floor of the House to highlight what ty of Parliament Constituent authority appears to me a very, very vital mat- is different from legislative authority. ter. A matter of Constitutional Prin- Five articles of the Constitution ase ciple is involved here; I refer to the involved here. We are blaming the sub-clause (4) which is proposed and judiciary for interference. H we a*e which reads as follows:— going to amend the Constitution te “The law providing lor the crea- this way. bow can wa blame the }urife» tion uf the all-India judical service eiwy?,' Two article* ate put forth' bit 6$ ContHtuUon XA&glKA 10, IN I (SAKA) (44th Arndt.) Bill 66

Own. On* U compulsory; it says and saying that by a simple majority, tfcRt-agy provision «f the Constitution you can amend any Article of this «fe& «»t bo amended except by tbe Constitution is a revolt agains Article 'jMfrdse of tbe constituent power—4o 36$. Let us not make tbe amending emend by way of addition, variation powers of this House a mockery, and or atpesl. you cannot do that. Article 368 is a mandatory provision; you are getting » N k K away from it. I know, an answer will be a plea under Article 3 of the Con- {M*. Dk pu t y Spca kb s in the Chair.] stitution. Article 3 says:

Here are provisions to be amended “Parliament may by law— toy «n ordinary law. According to me (a) form a new State___ tW* is a revolting concept, an absolu- (b) increase the area of any State; tely revolting concept, which cannot stand muster at all. Look at Chapter (c) diminish the area of any State” VII of Part VI. I do not find any etc. need for this extraordinary provision. The all-India judicial service is con- And Article 4 says that any law, cerned only with district judges and whereby a new State can be evolved upwards, not below. This is very clear- and all that consequential changes can ly stated in the Bill: be effected in the Schedule and they say that they need not be deemed an “The all-India judicial service amendment of the Constitution. referred to in clause (1) shall not Fourth Schedule is only the list of include any post inferior to that of States, you are forming. The Con- a district judge as defined in Arti- stitution gives the parliament power cle 236” to redraw the boundaries of any State, to amalgamate or to separate any Go through this Chapter. You find State and consequently, the represen- •nly one clause, where the district tation to the Rajya Sabha will vary. judges come in. Article 233 is the This is an arithmatical proposit on. only Article, which speaks about dis- For that consequential changes can trict 'judges? Article 233A sneaks of be elTected under Article 4 and for the judges who are sitting in regular- that you need not have two-thirds ization; that is no longer relevant. majority. That has no comparison Article 234 relates to recruitment of with tbe present position at all. In persons other than district judges, to the first place, this is the parent law. the judicial service. There, the all- The Constitution, as framed at that India service does not come into the time, permitted this. There is no picture. Article 235 is regarding con- question of the Constitution being trol of the high courts on judiciary amended; this will not be part of the inferior to the district judges. And Constitution; you can do it by law. then comes the Article regarding inter- On the other hand, after twenty six pretation. This is all that comes in. years, you are now coming with a Therefore, there is one only one new proposition saying that an ordin- Article. Possibly, Article 233 also ary law will amend six Articles of the will be affected by this all-India judi- Constitution. I am submitting that cial service. Easily, you can amend this is absolutely unconstitutional, Hurt Article today to make it adjust- absolutely wrong. Let ug have some able according to all-India judi- respect for this great document, we cial service, you are bringing in. sweared by. The fathers of the Con- stitution had a great respect lor this This extra-ordinary concept of dele- document and let us have some res- gating your constituent power to the pect also. We swear by this Consti- ttfisM hre function at the Parliament tution. 36 60 LS—3. •67 Constitution NOVEMBER 1, 1976 (44th AmctL) BiU

[Shri C. M. Stephen] government to consider this — Article 368 is a cornerstone of this know the reply will come Constitution; we are operating under Article 4. I would say Article 4 h that. We hold every Article of the entirely different from this. Article Constitution sacred. It is not to be 4 is a part of the Constitution. When tampered with by an ordinary law to the Constitution was framed, imme- be passed by the Parliament. You can diately, at that time, in the your 1949, as well wipe out, completely wipe out Article 4 was there and as a part of Article 368 and in its place, put in the Constitution and it has been another art cle. saying that the Parlia- handed down to us, that the Fourth ment may pass a law whereby it may Schedule need not be considered as amend any Article of the Constitu- a part of the Constitution and that it tion and that shall not be deemed to will stand amended i t by law. you be an amendment of Article 368. Here, change the boundaries of any Stale. I am reminded of a sentence by That cannot be quoted now for the Justice Beg of the Supreme Court in purpose of amending the Constitution. the Keshavananda Bharati case, it was Here the position is entirely different. a famous dictum. A one sentence This is an illegal, unconstitutional amendment. The question was: can provision which goes against our you have a one-sentence amendment constitution, against Article 368. You of the Constitution whereby the are now including the constituent Indian Constitution stands amended? power also saying that there is no That was the question raised and the difference between the constituent answer was that we can have a one- power and tha legislative power. You sentence amendment of the Constitu- are putting in a proposition that the tion whereby the entire constitution constituent power is a delegatable can be obliterated, any article can be power, it is not a delegatable power. wiped out, anything can be repealed You cannot delegate the constituent and anything can be amended. This power. This is what we are objecting is a point which I wanted to high- to. This is a highly object:onable pro- light. I do not know whether the position. Government is going to accept my objection. It could have as well put This is all what I wanted to point in an article in Chapter VI that the out. 1 do not want to add anything recruitment and conditions of service more. of District Judges may be governed by any law that the Government may SHRI K. MAYATHEVAR: As we pass— are aware, under Article 312 sufo- DR. KAILAS (Bombay-South). clause (2) we have got now services Then what is your solution to the like the Indian Police Servcie, Indian amendment moved by the Govern- Administrative Service etc. from the ment? Do you want to keep it as it very inception of the Constitution of is or delete it? India. But I wonder why the AB India Judicial Services have not been SHRI C. M. STEPHEN: This is a violation of Article 368 as I could included so far till this moment al- see. Thi5 runs counter to Article though it has been laid down in Art. 336. Now I am happy and I congratu- 368. It is wrong. That is what I am late the Law Minister for having come saying. You are making a mock* > forward at least at this eleventh hour of Article 368 by this. Other methods to include District and Sessions Judges you can employ, in Chapter VI you at least in the All India Judicial can say that the Judicial Service can Service. be controlled by such and such law and until then, the following provisions will apply. I just wanted to I want to say one more thing, ,«J» highlight and would urge upon t] shall of the District Munsiffs and the 69 ConstittLtion KARTIKA 10, 1898 (SAKA) (44th Amdt.) Bm

Sub-Judges and the First Class Magis- this point earlier and I had beea •. trates, that is, the Sub-divisional looking this point with great anxiety_ Magistrates. 'I'hese Sub-Divisional When I say p7-ima facie, it gives an Magistrates are called First Class impression that it is a very soand services and the Sub-Judges are in argument. I looked up other provisions between the First Class Magistrates of the Constitution also. arid the District and Session Judges. The District MUni;iffs are also equiva- Certainly, this is not my inventioa, lent to the First Class 'Magistrates. I am not referring only to Article 4_ In SO far as at least the police officials There are some other provisions are concerned, the Deputy Superin- where exactly the same thing bas tendents are a state service and the been done not only by Parliament. Asst. Superintendents are a . central under Article 36R, but also by the service. IAS officials, Sub-Col- Constituent Assembly itself. lectors and Asst. Collectors are from the central recruitment Let me go to Article 4. I want to and the Deputy Collectors are remove the impression t'J.at the mat- recruited in the State service and ters referred to in Article 4 are some they are First Class Services. They consequential matters and that they are holding Class I post. District are not important. Munsifs are also selected by the State Service as in Class I service. There Part I of the Const.tuti on is a very should not be discrimination between important part of our Constitution, the l st Clas Magistrate in the judi- Part ..I gives us the composition, the ciary and the ist Class Official in formation of the Union and its the IPS and IAS. My pleadings are territory. Ar-ticle 4 to which rererenee you must include the Sub-Judges and was made says+« the l st Class Magistrates and the Dist- rict Munsifs in the All India Judicial "Any law referred to in Article Service in the course of amending 2 or article 3 shall contain such Article 312 (1) and (2) in the All provisions for the amendment of India Judicial Service. the First Schedule and the .You have recently read the story Fourth Schedule as may be neces- of hon. Justice Sarkaria. There was sary to give effect to the pro- an attempt on his life. An attempt visions of the law may also contain had been made on the life of our such supplemental, incidental ano present Chief Justice. This has been consequential provisions, ... _... _."' so not only in Tamilnadu but through- Article 2 says+- out. India. Life of a judge is a very risky life. Therefore, they should be "Parliament may by law admit paid properly. I repeatedly plead for into the Union, or establish, new my submission with all the emphasis States on such. terms and conditions at. my command. Hon. Minister had as it thinks fit." himself been a lawyer and a judge. He Surely the matter in which you admit knows the difficulties of judicial a new State in the territory of India persons. is not a matter of no significance. ·tt District Munsifs and Sub Judges is a matter of great' significance from should be included in All India the point of view of total composition Service. of the territories of India. SHRI H. R. GOKHALE: Mr. Deputy-Speaker, when an argument is Article 3 says-: made, as was made by my hon. friend "Parliament may by law- Shri Stephen, prima facie that appears to be a very strong argument. In fact, (a) form a new State by separa- I had the good fortune of discussing tion of territory from any . 7 i Uun$ta*tio* W P W i, i m (Mth Amdt.) m

{Shri H. R. Gokhlc] and *U othqr matters relating to cttizenfbip.’' Slate or by uniting two or mere States or puts of States So, by ordinary tow, you can say 1&*t or by uniting any territory to any citizenship can be acquired or can a part of any State; be terminated. Let me also to (b) increase the ***a of any Article S which refers to cttUfsMsaMp. State; It says; (c) diminish the area of any ‘At the commencement of flsis State; Constitution, every person who has

DB. KAH-AS: If jrou don't add the tem of judiciary, the high cou^l 1* ivoids wbat wiU happen? located. There is no All-India Judicial Service now. When that is made, then, IW H 8 . R. GOKHALE: It w ill be how can the high court do it? Which v«i7 bad s e t to add the words. There high court will do it? Mr. Stephen would be perfectly right it we did not say this. There one Therefore, the power will have to be vested in some authority which can would aigue, it is amendment of the constitution, because there is no operate in respect of all the territories ntch express provision that this will of India. Maybe, we will have to give aot be regarded as an amendment the power to the Supreme Court or, maybe, the power may have to be vest- Article 368. So, this has not under ed m some other suthority whi£K can eome out from my own brain or from the brain of my draftsmen. This was have it to deal with the district judges lomething which has been followed *'>' when the service is formed in respect the Constituent Assembly. Even in of such district judges. These are respect of certain legislation which can merely consequential provisions. So, be regarded as amendment of the it is not right for you to say that we xmstitution, the Constituent Assembly can amend any provision of the Consti- thought it fit to leave it to Parliament tution, even the provision of this to pass the necessary law. This is not power is only to the extent it is necessary. (Interruptions). I have not to be regarded as amendment under Article 368. So far a$ the present said here that we are going to amend amendment is concerned, as I said, it this. It is only the power to deal with is not a blanket thing. Take for inst- a problem which can arise on the ex- ance the constitution of an All-India perience which we gain while we Judical Service. constitute the All-India Judicial Service. Moreover, the all-India judicial ser- Now, the only purpose here is to pro- vice is not going to be constituted by vide for the creation of an All-India an executive order. There has to be Judicial Service. The law may contain a resolution in the Rajya Sabha as in such provisions for the amendments to respect of other services, there has to Chapter IV of Part VI. It is not cor- be legislation for this purpose. And, rect to say that you can amend any certainly, all these matters will come part of the Constitution now and in the before Parliament. Therefore, my sub. future, you do not have to go to Parlia. mission is that let not the impression ment to amend the Constitution under remain firstly that we are doing some- Art. 368 at all. I got this impression. thing new that nobody had thought of If I am wrong you may correct me. or even the Constituent Assembly (Interruptions). I thought you gave thought of it. Secondly, it is not so thig impression. Anyway, if you go to blanket that you can completely erode Chapter VI of Part VI, here we are now the power of Parliament under talking of constitution of an All-India Art. 388. Judicial Service, that deals with subordinate courts. I need not read all of SHRI C. M. STEPHEN: The point them. Here, for example, we have a raised here is not understood properly. definition of what is meant by a dis- The point raised was this. The article trict Judge. And then, you leave the quoted by him was what was part of provision that is there, to-day the the Constitution framed la 1948. H ist power is given to the high court, in Constitution says that certain things consultation with the Governor, fe can be altered by law. That is the decide some matters, Such as the post, framework of the Constitution. ing or transfer of district judges. Hare the Ugh court means only the The Pffttt Is that under the ptwiajnnj high court in respect of a particular of Art. 8*8, you can amend'Mg’ «f State In which, under the present sys- these things. The Constitution as 75 Constitution NOVEMBER 1, 1976 (4~th Amdt.) Bill

IShri C. M. Stephen] Page 14, line 14,- tiueh when it 'was framed, provided for afte1' "article 136" ins~Tt- .a:rt.tin- articles. That' IS Very clear. 'Tbat I concede. Th'e law propose.l 'bY "but including the junsdiction ycu is to give unto yourself the right of a High Court under article. 226" (13) t,;} amend several articlts or some articles. This is a new thing. That being so,' if you want to make any Page 14, line 38,- ehanges in the Constitution, you can afteT "tax" inse1·t- :}c that under Art. 368. You will provide that, certain articles, in spite "including the tax levied, assess- of Art. 368, you can amend. You can ed ·or collected by a local autho- amend certain other articles by a rity" (14) simple majority. This is the contra- diCtion. I am saying that there is no Page 15, line 26,-- ccmparison between the two. That is an I can s'ay about this. afteT "article 136" inse1·t-

SHRI H. R. GOKHALE: Sir, I have "but including the [ur isdiction of a High Court under article exptamed t:1e reasons. If the 'Consti- 226" (15) tuent Assembly can do it, certainly, this Parliament can also do that. Page 14, line 40,-, Parliament has got the ..powers to amend It add at the end-

SHRI K. NARA YAN RAO (Bobilli): "and collection of arrears due Can you .give an example? to or by a banking company" (267) SHRl H. R. GOKHALE: It has been done .recently When we. dealt wilh the SHRI B. R. SHUKLA (Bahlaich): eoestitution of' tribunals in Andhr a I 'beg to move. Pxadesh Page 14, lines 33 and 34,- MR. DE,IPUTY·SPEAKER: You want to .mclude some more services in this. omit ", or offences" (72) He wants even the lower services to be included in the judicial service. .Page 15, line 23.-

SHRI H. R. GOKHALE: Sir, I afteT "evidence" inse1·t- would have myself liked it. But, we de not have the all -India : judicial "and the representation of service from the beginning.' We lawyers" (73) thought that'it would be encroaching en the State's field and, to that ex- Page 15, line 26,- tent, may be, we may make a 'begin- after "article 136" insert-- 'ning at the district judges level, and see by experience whether it works "and the ordinary criminal ~tisfactorily. It may be, there is courts functioning under the Code "SOmething in what he says but we of Criminal Procedure, 1974:' (74) 'Clt..'l' look into it after we gain some -exper-ience. Page 14, line 11,- Clau.se 46-':(l1isertion of. new PaTt afte1' "evidence" insert- XIVA)

SlIRJ P. R. SHENOY (Ud.ipi):, I beg "and representation by coun- sel" (95) to mOV!!:

I :." "" ConstttHtkm XAWTIKA IQ, 1 m (SAKA) (44th Arndt.) Bill 78

Page 14, line H r - position thereof’ (135) after “article 136” insert—• Page 14,— “and that of High Court purely omit lines 7 to 12. (136; on point of law as provided in Code of Civil Procedure in mat- Page 14, lines 13 and 14,— ters of second appeal.” (96). for “except the jurisdiction” substitute— Page 15,— “including the jurisdiction omit lines 12 to 14. (97} under article 32 and article 226 but not” (137) pQge 15, line 26, — after “art.cle 138” insert— Page 14,— “and the jurisdiction of ordi- omit lines 29 to 31. (133) nary criminal courts” (9b) Page 14,— SHRI C. M STEPHEN: I beg to Move: for lines 32 to 35, substitute- 1 Page 13, lines 40 and 41,— “323B. ( ) Parliament or the State Legislatures may, subject omit “the adjudication or trial to Part XI, provide by law for by” (131) tribunals for adjudication on disputes with respect to the matters Page 13, line 41,— specified in clause (2)-” (139) after “tribunals ’ insert— Page 14,— for the adjudication” (132) for line 38, substitute— “(a) assessment, levy and col- Page 13, line 41,— lection of tax;” (140) omtt “and complaints” (133) Page 14,— Page 13 and 14,— for line 41, substitute— for lines 42 to 44 and 1 and 2 “(c) industrial disputes and lespectively, labour laws;” (141)

substitute "respect to employ- Pages 14 and 15,— ment, non-employment and conditions of service of persons co/cied for lines 42 and 43 and 1 and 2 by article 311(1).” (134) respectively, substitute “(d) land reforms;” Page 14, lines 4 and 5,— (142) for “an administrative tribunal Page 15,— for the Union and a separate ad- omit lines 4 to 6. (143) ministrative tribunal for each State or for two or more States’* Page 15, line 7,— substitute "a hierarchy of ad- omit .“supply and” (Iii) 'ministNftive tribunals and the com* 79 C o « * » « o » NOVEMBER ! , « * * Am dt) BUt &

[Shri €. H Stepfeatt] "the Government of IndfU «f Plage 15, line 7 ^ . any State Government* (39tf) after "distribution11 insert— Page 14,— “and fixation of prices" (145) after line 8, insert— Page 15, lines 10 and 11,— “(aa) provide for the establish- omit “and control of prices of ment of appellate administrative such goods” (146). tribunals; Page 15, lines 13 and 14,— (aaa) prescribe the qualifica- omit “and fees in respect of any tions and conditions of service of of those matters” (146) members of the said tribunals;’* (357) Page 15,— Page 15,— omit lines 15 and 16. (149) after line 18, insert— Page 15,— “(aa) prescribe the qualifications omit lines 19 to 24. (150) and conditions of service of the members of the said tribunals;" Page 15, lines 25 and 26,— (358) for "except the jurisdiction of’ substitute— SHRI S. M. BANERJEE: I beg to move: “including the jurisdiction under articles 32 and 226 but pot o f (151) Page 13, line 42,—

Page 15,— for “and conditions of service” substitute— omit lines 29 to 34 (152) “conditions of service, reversion, Page 15, lines 36 and 37,— discharge, removal, dismissal from service, premature or com- omit “(including provisions as to pulsory retirement". (479) fees) as the appropriate Legislature may deem necessary" (153) Page 14, line 8,— Page 15, lines 38 and 39,— add at the end— omit “and for the speedy dis- "which shall include members posal of cases by, and the enforce- of the public service commiMttft, ment of the orders of/’ (154) judges of the Supreme Court am High Courts, representatives Page 15,— the employee* and eminent filter lie figures other than retired ^9- omit lines 40 to 42. (155) ministratan.” (>480) SHRI X. NARAYANA RAO; 1 beg to move: Page 1^ lin e 41,— Page 14, lin e 2#— add a% the end— for “the Government of India” “tadudiag deputes cauceming sttfcriituft— agricultural labour* (578) 1 f fa Constitution XASTEKA 10, 1808 (SAKA) (44th Amdt.) Bill «2

$ $ m X . KAVATHUVAB} I beg to Page 14, line 6,— awAlt odd at the end,— ? « f« 14, Une 6 ,~ “which shall be under the direct odd At the end— control and supervision of the “to be presided over by the High Court in whose Jurisdiction Judges not below the rank of the the Tribunals have been estab- High Court Judges” (542) lished" (643)

SHRI SHANKAR DAYAL SINGH Page 14, line 12,— (Ghatfa): I beg to move: add at the end— Page 14, lines 5 and 6,— “as laid down in the Code of Civil Procedure” (644) for “a separate administrative tribunal for each State or for two Page 14, line 14,— or more States” after “article 136” insert “and of substitute “regional administra- the High Court under article 226” tive tribunals for the States/’ (565) (645) Page 14^ line 41,— SHRI P. R. SHENOY (Udipi): Mr. after “and” insert “rural or agri- Deputy Speaker, Sir, clause 46 uf the cultural." (566) BiU seeks to introduce a new part, namely, part XlV(A) for the estab- SHRI B. V. NAIR (Kanara): I beg lishment of tribunals or hierarchy of to move: tribunals. The object of these tribunals is to settle certain disputes or Pag* 13, line 42,— complaints excluding the jurisdiction of other civil courts. after “respect to” insert In the proposed clause 2 of the pro- “the tenure, permanency and posed Article 823(a) in sub-clause (d) creation of posts,” (592) it is said: Poge 14, line 32,— “I a w made under clause (1) may exclude the jurisdiction of all courts after “law”, insert— except the jurisdiction of the Sup- “only in respect of laws which reme Court under Article 136 with have been added to the Ninth respect to the disputes and com- , Schedule to the Constitution” plaints referred to in clause (!)”» (60S) Similarly, under the proposed clause 3 of the proposed Article 323(b) in sub- SHRI SHIVNATH SINGH (Jhun- clause (d) it is said: jJNunu): I beg to move: “Law made under clau&e 1 may Pago 15, lines 7 and 8,— exclude jurisdiction of all courts except the jurisdiction of the for “food-stuHs (including edible Supreme Court under Article 180 oilseeds and oils)” with respect to all or any of the matters falling within the jurisdic- Substitute "essential goods (in- tion of the said tribunals." cluding edible oilseeds, oils and industrial goods)” (6ft) Sir, it makes an exception in the ease of Supreme Court, that is, fft?X JL C. DAGA (Pali): I beg Supreme Court1* jurisdiction under to w w ta A rticle 188 but though It is not 83 Constitution NOVEMBER 1, 1076 (44th Arndt) BiU ft*

[Shri P. a Shenoy] Secondly, Sir, there it another pro* mentioned it also excepts the juris* vision under the proposed Ailftte diction of the Supreme Court under 323(b) clause 2. The matters ro tated Article 32 because under Article to in clause 1 are the following: <«) 13 ot the Constitution any law levy assessment, collection and ' en- which violates any fundamental right forcement of any tax. Now, this may is void and, therefore, though mean tax levied only by the Centre Parliament is enabled under Article and the state. To make it very clear 323(a) and State legislature is enabl- I would like to add under sub-clause ed under Article 323(b) to exclude (1): levy assessment, collection end the jurisdiction of Supreme Court— enforcement of any tax including the except its jurisdiction under Article tax levied, assessed or collected by a 136—still the Supreme Court will have local authority. That will make it jurisdiction under article 32 to adju- clear that the State legislature can dicate upon disputes in which funda- form hierarchy of tribunals for set- mental rights are involved. I have tling disputes in the matter of tax no objection to this but my fear is levied by local authorities. It is that it may not exclude the jurisdic- better to expressly safeguard the in- tion of the High Courts under Article terest of the local authorities *1*0 226 also. Though it is said that Par- under this new provision. liament or State legislature may exclude the jurisdiction of all courts excepting the Supreme Court, meaning Further, Sir, I would like one more thereby that the legislature can ex- dispute to be got added for the adju- clude the jurisdiction of High Courts, dication of trial by the tribunal. At it may still mean that the jurisdic- present all disputes in the matter ot tion of High Courts under Article 226 collection of arrears by the banks, the is not excluded because the juiisdic- banks have to go to the courts. tion given to High Courts under The customer is the victim. In The Article 226 is a special jurisdiction. case of small scale industrialists when We get our grievances redressed by an industry is established by them means of filing a writ petition which ana it becomes sick immediately the is a special remedy and, therefore, il banks go to the court and file suits. is absolutely necessary to say that the The litigation m ordinary civil courts jurisdiction of the High Courts under is very costly. One has to pay 7 per cent to 8 per cent as court fees alone Article 226 is also excluded. This is essential because in our own State and this would mean a lot of cost to of Karnataka hundreds of writ peti- the small industrialists and other tions have been filed against the parties who have already become sick. Therefore it is necessary to see that tenants by landlords and, as such, the the customers of banks do not suffer Land Reforms Act could not be fully under the ordinary law. If this implemented. matter is taken up by a tribunal there After the passing of the Constitu- is no question 0f paying heavy Cost tion Bill the State legislatures may to the banks. Secondly, provision can bring some law to exclude the juris- be made in the law for establishing diction of thse High Courts but the a hierarchy of tribunals for nursing High Courts may still hold that their the industries which are sick. At pre- jurisdiction under Article 226 cannot sent the civil court* cannot force the be excluded by the new provision of banks to have some nursing scheme the Constitution. I do not want that If we have tribunal* banka can be there should be any loophole in this compelled to form some nursing matter and, therefore, 1 want these schemes unitor which small atok units Articles 823(a) and 323(b) should be can be nursed. Xt thig provision is amended suitably to expressly exclude made it is good the bftnk* also the jurisdiction of High Court under because when a matter it taken to tbe Article 226 to toue writ in any form. civil court it will take Teen tfeMiMf 85 Constitution KARTIKA 10, 1888 (SAKA) (44th Amdt.) BUI 86

hank to get a decree. In fact many by- the judges of the state high courts? banka insist that there must be $ome My submission is • that a final review provision for them to take matters to should be open to the litigant against scntte tribunal -like the tribunals of the decision of a service tribunal the cooperative societies. In the case before a high court on points of law of cooperative societies they need net if not on points of fact. Some other go to the bank for collecting the types of tribunals are sought to be arrears. They have their own set-up provided under article 323(b). It says: to collect the arrears. Similarly banks also want that there must be some “(a) l'evy, assessment, collection institution which would enable them and enforcement of any tax; to collect arrears quickly. Therefore, in the interest of banks also it is (b) foreign exchange, import and better to have a hierarchy of tribu- export across customs fron- nals for the collection of arrear8 by tiers; the banks. With these words, I conclude my remarks. (c) industrial and labour disputes; (d) land reforms by way of SHRI B. R. SHUKLA (Bahraich): acquisition by the State of A very pernicious departure from the any estate as defined in article present system of the judiciary is 31A or of any rights therein eought to be introduced under the or the extinguishment or very comprehensive clause, namely modifications of any suc*i clause 46, which deals with the pel- rights by way of ceiling cn ting up of administrative tribunals agricultural land or in any and other tribunals. It is true that other way; tiibunals manned by experienced administrators will expeditiously dispose (e) ceiling on urban property; of service matters. There is one (f) elections to ‘either House of difficulty. The jurisdiction of all Parliament or the House or courts, including High Courts is sought either House of the Legisla- to be excluded in matters which fall ture of a State but excluding within the jurisdiction of the tribu- the matters referred to in nals. If an employee is dismissed and article 329 and article 329A; hip grievance is not redressed to his satisfaction by a service tribunal the (g) production, procurement, sup- only remedy left to him is to rush to ply and distribution of food the Supreme Court located in N'ow stuffs (including edible oil- Delhi. How exorbitant and prohibi- seeds and oils) and such other tive is litigation expenditure is known goods as the President may, by even to rich persons. In a country public notification, declare to where the employees range from be essential goods for the petty officials to white-collared offi- purpose of this article and cials, it would be virtual denial of control of prices of such justice to many officers if they are not goods;” given a chance to place their matter before the High Court even on points of law. What is the difference bet- All these are very good provisions in ween the calibre of a judge of the So far as they would fall within th'e high court and the judge of the sup- jurisdiction of the Tribunals. We do ifeme court, except that he has not not stand for the view that the Gov- been promoted from that court to this ernment’s policy and action on essen- .court? If the matter can be inter- tia l aspects may be paralysed by a preted effectively and adequately and long and protracted delay in litiga- independently, by the judges of tha tion in civil or criminal Courts in- supremfe court, why can it not be Asm cluding tha highest one in the coun- 87 Conititution NOVEUSUR 1,19W C44*h Awdt) Bin «f

ISbrl & B. ShifclaJ the J#w an4 if they are not tonftcttoe tag properly, then #*jr should fe» try. But another provision has been dismissed. Let the Judiciary be man- made ihat all offence* relating to ned in some other way. But I do theft matters shall be excluded j&rsm understand that a count*? which Is the purview of any Court except the wedded to democracy, where the ndft Supreme Court under Article 136. of tew is the bed-rock of this system Under the present gtate of affairs that judiciaxy should be treated hi we have got 4 gradation* of Court*— such a cavalier and uncerimonious the Court of Magistrate, the Court of fashion. Therefore, my submission if Sessions Judge, the High Com and that so far the offences relating t f the Supreme Court Now, if a person matters enumerated in 8&3B *re con- has contravened a provision of Essen- cerned, they should not <*U withkl tial Commodities Act, he has to be the purview and jurisdiction of these tried by a Court of the Magistrate II Tribunal*. It ia sought to be provided the offence 1* more serious, more under article 32SB that the appro- serious punishment is called lor, he priate legislature may provide for the will be committed to the Sessions procedure, including the law of limita- Court He will have the right of tion, evidence, etc. The Evidence Act appeal to the High Court from the obtaining in our country is an Im- Sessions court. The bail application provement even on the law* *f can be moved only in this Court. Now, evidence obtaining in the UK. It is all these matters will go only to Tribu- not merely a figment of imagination nals under Article 46. In the Direc- of aome technical brain. It is based tive Principle* of the Constitution, a on human psychology and experience. very noble principle was adopted that Suppose some State legislature pro- “it shall be the duty of the State to vides that hearsay evidence is admis- take *teps to separate judiciary from sible. That is; somebody gays, *1 thte executive”. We have spoken have heard that such and such a per- eloquently* on the floor of the House son committed this offence.” Would while discussing the Directive Princi- that be applicable? Why should the ples that they are very good, they law of evidence prevailing in the are very fundamental for the govern- country be excluded from these ance of the country and when there is tribunals? a difference between the Directive Prin- cipals end Fundamental Principle®, the Then, it has been said that it may precedence w ill be given to the Direc- provide for its own procedure. The tive Principles. But here we are special procedure majy provide for making a very silent type of go-bye exclusion of the appearance of a law- to that salutary principle and we are yer. In the Constitution, article ^ introducing executive tribunals, even provides a fundamental right that qp worse than the Magistrate Courts. So, accused person who has been arrested my submission is that so far as the or detained shall be defended by a jurisdiction of trying the offenders for legal practitioner of hie own choio^. offence committed or alleged to have These tribunals for which special pro- bssen committed for is concerned the cedure is being provided for, may Tribunals should not have any juris- provide for the exclusion of all these diction whatsoever. After all, there things. Mr. Gokhale, who was a good are a variety of services operating in judge, a better lawyer and best poljr thia country. No single service has tieian may ponder over these provJr been erCtkfsed hi thig way as the sions. lis t him recall the words whfcA judiciary service. I do net know what he wrote down in the eoaainamorjy after a ll hag happened &at # e • » m volume of the Indian Constitution thv m m disappointed about the beh*~ the judioMvry has sfc#d the test # vttnr of the jwfidsay in this covhtqr. A te* in tirft eavntHF- H r b y w l# have made «he lew, we ba*» <*- mOHnlmVm H> with ell its f# pointed the judges, we have created failings, the judiciary has operated as ~9 Constitution KARTIKA 10, 1898 (SAKA) (44th Amdt.) Bm 90 " a safety valve for the accumulated sary because~ Article 223A gives power ,grievances of the people. Therefore, to the Government to 'constitute a my amendment should deserve some tribunal. The power is already there. 'S'~riousattention from the Law Minis- In the Union List, for example, Item ter. No. 61 says: "industrial disputes con- cerriing Union employees". So, they have got the powers with respect to SHRI C. M. STEPHE~: The purpose the Union employees. In comparison, in Of these two new clauses, according the Concurrent List under Item No. to me, is absolutely unexceptionable. 22, you find "trade unions, industrial l dO not share the apprehension ex- and labour disputes". Because of this 'PresSed by my hon. friend, Shri Item, we set up industrial tribunals, "Shukln nor am I prepared to treat We set up appellate tribunals and we them as a reflection on the Judiciary draw up rules of procedure. The ~f this country. Tribunals are not trade unions and industrial disputes unknowj- to us. There are any num- are in the Concurrent List. So, the ber of them already established and Parliament enacts a law. The rules functioning. A country as vast as of ;procedures are also enacted. This India has: so many. problems and it is is a matter which can be done by an essential that what is known as the ordinary law, by subordinate legisla- administrative law must develop in tion. What can be done by ordinary this country. It need not be an ad- - law and by subordinate legislation junct of the formal tYPes Of courts, is now sought to be incorporated in What is necessar-y fOr the citizen is', the Constitution as if a new power if there is a grievance, there must be is being taken. So, no new provision 'a, forum where the grievance must be in the Constitution is necessary. If heard and redressed. If the citizen is you go through this clause, you will not satisfied with the verdict Of the find that two pages have been devoted first tribunal, it may also be that he only on this clause-giving all sorts of is entitled to have a second area where minor details which can be given in ,he could go and appeal whether that the rules. I would like to know how ,is called district court, high court, etc. the Ministry think about it? If this is immaterial. There must be some provision is not there, will therebe no i~dependent Persons to hear the griev- power? What is necessary is to add ance. That is all that is necessary 'employees of the State Government and that is what is being attempted. Now what is happening is, courts and corporation also'. This will serve .which know nothing of these matters the purpose. That is all I want to say on this. hear them and finally give some sort Qf judgment after setting aside what has taken place. Therefore, tribunals 'which have got specialised knowledge Coming to the proposal, there are and expertise to go into these matters two or three lacunj, which I would must, be set up. That is the spirit in like to point out. Sub-clause 2 on which administrative courts Of France page 14. says: "A law made under have been built up. clause (1) may provide for the establishment of an administrative tribunal for the Union and a separate admin- : It is an admitted fact that, what is istrative tribunal for each State or for known as, administrative law has very two ro more States". When we corn- substantially contributed to the juris- pare this with sub-clause 3 on page Prudential concept and jurisprudential 15 it says: "A law made under clause area. These are the courts to be 0) may provide for the establishment cile,veloped.Now, my humble submis- of a hierarchy of tribunals". My sub- sion is this. According to ine, a new mission is that in one area you pro- article for this purpose is not neces- vide for hierarchy of tribunals and in 91 Constitution NOVEMBER 1/ 1&78 Amdt.) BiU fa

[Shri C. M. Stephefr] that the courts' jurisdiction I# barr&i; other area, you confine yourself to one but the court say# that Articles 182 tribunal lor each State or for two or and 226 are above this; and that, more States. If this constitutional therefore, they can interfere. If we provision -was not there, you could want to exclude their jurisdiction have created a hierarchy of tribunal?. unde Articles 132 and 226, we have to In spite of the provisions ‘the provi- mention it specifically; otherwise you sions of this article shall have effect cannot bar it. The courts’ jurisdiction notwithstanding-anything in any other will be barred for other purposes. provision of this Constitution’ the The overall jurisdiction is there under power under Entries 22 and 61 is Articles 132 and 226—not xner£fy taken away. That is very specifically under Article 136. It is absolutely.* stated. The provisions are ‘notwith- salutary principle that with respect \p standing anything in any other provi- these matters, the courts must not sion’. That is stated in the previous meddle. This is why we want things article. The other article gives you to be explained. It is a very salutary the overall power. Here you provide departure, and a principle established; for an administrative tribunal for the because after all, the Supreme Court is Union and a separate tribunal for the still le*t with the jurisdiction to States. In the other place you say: examine the legality of any order “a hierarchy of tribunals.” It can be which is passed under these orders. interpreted to mean that with respect And the concerned people are getting to the administrative tribunals, you wider powers because now com- have no power to constitute a hierar- plaints, disputes and everything are chy of tribunals. This comparison is covered. For everyone of these a there. Is it what is intended? If that tribunal can be provided. So far it be so, there is an absolute objection. was not so. First, there was the There must be a hierarchy of tri- depatmental enquiry; and based on bunals, i.e. an appellate area where the deparmental enquiry, after these people can go on appeal. With punishment or any such penalty, respect to foreign exchange, industrial the only place to which recourse dispute, land reform etc. the hierar- could be had was the court. To-day chy is provided for; but with respect what is covered is: disputes, com- to this, there is no hierarchy. You arc plaints, conditions of service etc. i.e. limiting it to “a” hierarchy tribunal. everything can be referred to a tri- If it is an omission, it must be recti- bunal. They get a larger right. The fied, because you will be disarmed employee o* the Government must with respect to your officers. You will understand that by this provision, not have powers to give them an their right is not going to be abridged appellate body. Why have distinc- but that as their rights and scope of tion between the two? Somebody reference are going to be widened should explain why hierarchy is men- and enlarged. This is a new depar- tioned somewhere and not mentioned ture. I am sure a new branch bt in the other area. I find that it has got law, the administrative law, will very dangerous consequences. We develop. I would request the will feel disarmed. Law Minister to consider whether the word ‘hierarchy’ is not necessary Again, I agree with Mr. Shenoy when we speak of the administrative with respect to the barring of juris- tribunals and whether the omission of diction. The only purpose that can that word, in contra-distinction with be served by this is to give power to the other clause, will not have its own implications, viz. that government witf bar jurisdiction. Even to-day w* feel disarmed in forming a hierarchy have got the Industrial Disputes Act. o* tribunals. These are my sugges- They say that the order is final and tions. Nothing more. gg Conititutum KARTIKA 10, 1898 (SAKA) (44th Amdt.) B ill 94

. SHRI K. NARASANA RAO (Bob- Revenue Divisional Officer has been bitt): We ft** venturing in a big way invariably appointed as the tribunal. in having tribunals in the future. I So, in the understanding of the do not know the shape of thingB to common man, a tribunal is more or come; but to my mind, the ordinary less identical with the executive. That and common man's feelings must be is the precise reason why I am assuaged. Hitherto, we have experi- suggesting that the qualifications mented with a couple of tribunals. We and conditions of service of know about Labour Tribunals. For members of the tribunals should reasons which the Government has be provided for by Parliament or by given just now, they have decided not the appropriate State Legislature so to have them. We are now contemp- that people will know that these tri- plating two types of tribunals: one is bunals are as good as courts, and the with reference to service matters so differnece is only in name. So, I have fas as service matters are concerned, moved an amendment to give effect they are called administrative tribu- to this. nals. As Mr. Stephen rightly pointed out the nature and scope of the ad- Then, as the provision stands at ministrative tribunals, are confined to present, we do not know whether dealing with questions relating to the these tribunals are going to be ad hoc administrative personnel alone. There tribunals. People should know is no provision for an appellate tribu- clearly that these are not mere exe- nals, as used to be there in the case of cutive tribunals. So, some guidelines the Labour Tribunals. So far as tri- should be prescribed by the Legis- bunals relating to levy and other mat- lature. We have to take steps to ters are concerned, th e y are covered convince the people that what we are by the general law provisions, apart going to achieve through the tribunals from the hierarchy of tribunals. So is nothing different from what people an aggrieved party may be able used to get from the courts. to move an appellate tribunals. But, in the case of service matters, the only remedy for a person who is aggrieved I hope the hon. Minister will con- by the decision of an administrative sider my amendments as well as the tribunal is to approach the Supreme points made by my hon. friend, Shn Court under article 136. That is not a Shukla. sure method of doing justice, because it is a highly discretionary power, given to the Supreme Court under SHRI S. M. BANERJEE: I agree article 136. At this stage there is no with some of the points mentioned by right of appeal. I feel that there my hon. friends, Shri Shukla and should be a right of appeal. That is Shri Stephen when they referred to why I am submitting that there should the hierarchy. The provision sought be as administrative appellate tiibu- to be incorporated reads: na! to deal with service matters. 14 hr*. Secondly, we have to inculcate “(d) exclude the jurisdiction of confidence in the people that these are all courts, except the jurisdiction of no( executive tribunals. In fact, it the Supreme Court under article would be better to call them judicial 136, with respect to the disputes or tribunals, because people are fond or complaints referred to in clause the word “judiciary”. To give you (1);" If any Government em- an example, under the Land Ceiling ployee, Central or State, wants to Act there is a provision for a tri- go to the court, he has to go to the bunal. But actually, in reality, the Supreme Court. Constitution tKWBfttWGR I, ItW A m dt) ttU $ $

{Shri S. M. Banerjee] we accepted formation of such triton* nal*. Urntn, « W N Th* jurisdiction under article aXS was that the composition of tigs ajntndtd in INS, whw *oy ewpluyM should be changed, W* *utt«ftedifc*t could approach any High Cburt, *nd it should include High Court to Su- not the particular Court where the preme Court judgfs; it should include cause of action took place. Now he men of public eminence 404 im go only to the Supreme Court. the representatives of the employee? H ie new provision reads: in the federations or the member! of the various organisations. This “Parliament mayt by law, provide all urged to them. We thought that for the adjudication or trial by ad- some sort of legislation was coming ministrative tribunals of disputes and when the Constitution was and complaints with respect to rec- amended, our viewpoint would he ruitment and conditions of sevice considered by the Government. After of parsons appointed to public ser- that, no meeting was held; and then vices and posts in connection with in the same meet, we were told that the affairs of the Union or of any cases of dismissal, removal, compulsory retirement, premature retire- State or of any local or other ment would not be discussed. Now authority within the territory of the Government has assumed power India or under the control ol the and they can retire a person com- Government of India or of any pulsorily without giving him any corporation owned or controlled by reason. There are 17,000 cases in the the Government.” railways and 500 cases in Defence. Those employees, whether it is Class So, this is going to affect not only I or Class II or Class III, have been the Central Government employees, served with notices of compulsory re- State Government employees, Corpo- tirement. Of course, appeals are there. ration employees but also the em- After the appeals, some people have ployees working under the public been reinstated. I have also dealt undertakings throughout the country. with four or five cases and out of It means a population of nearly 66 that, two people have been reinstat- lakhs or 70 lakhs is going to be covered After all, what should be dis- ed under this tribuna1. cussed in the tribunals? This is too vague, that is “in respect of recruit- We have submitted an amendment ment and conditions of service.” wherein we say what should be dis- Either that document which was cussed or what point can possibly be given to us by the Department of taken up by these tribunals. This is Personnel was wrong or the Govern- too vague. When you say, “Recruit- ment had taken a decision after rea- ment and conditions of service" what ding that document So, our amend- does it include? When this question ment in such matters when the juris- at tribunals came long before this diction of Article 226 will be restrict- Bill came in the Parliament, the mem- ed, when Article 311 is being amend- bers of the JCM were called by the ed, when true opportunities are not Department of Personnel and certain being given to him, js as fol'owst documents were handed over to us and we discussed them. It has been P a g e 13, Une 42,— mentioned in the documents that these tribunals should consist of re- for “and conditions of service’ substitute— tired administrators. They used the words “retired administrators.” We “conditions of service, reversion were surprised to see that. We ob- discharge, removal, jected to that. We said that we did from service, premature or cejtt- not agree to that tribunal although pulsory retirement.0 9 7 CofutttMtion XABTIKA 10, 1«W (SAKA) (44th A«ktt.) Silt 98

■ghe hon. Minister may say how he cause he is a disciplined person. For «an possibly accept everything in the him, law is law—it is the Lakshman amendment Ultimately, this is go- Rekha. If you cross it or violate it, ing to be the part and parcel of the Constitution. you will be served with a ahow- cause notice and there will be dis- What do the recruitment conditions of service mean? It does not mean missal. That is why I do not want only transfer. Even transfer cases administrators to be put there. I ■will not be included in the ambit of want the High Court judges, the ■the tribunal. What else will be included? Why then form a tribunal at all? Supreme Court judges, may be re- If the hon. Minister can assure this tired judges, and the eminent per- House that the question of dismissal, sons who enjoy the confidence of the the question of reversion, the question of compulsory retirement will be Central Government employees thro- included in it, then 1 am prepared to ughout the country to be there. -withdraw my amendment. The reversion in rank is a major punishment; I also want that the representatives the compulsory retirement is a major of the trade unions should also be punishment; the dismissal is a major punishment. If these major punish- there. Mr. A. P. Sharma till yester- ments cannot be included in the day was representing a big federation. ambit of the tribunal, what else can There are many persons in the House be included? Even article 311 is being amended and we cannot approach the who represent big organisations. We High Courts. In that case, why not also represent big organisations. I make it specific as to what will be think, We have to forget for a moment included. If this is done I am prepared to withdraw my amendment. some decisions taken by some irres- ponsible persdns. Today, the trade As regards the composition, this is union movement in the country has another thing where We cannot pos- to sibly leave it in the hands of the re- become responsible and responsive tired officials. We want the High the national cause. So, their repre- Court judges, the Supreme Court sentatives also should be taken in the judges, may be retired judges, the tribunals. eminent persons, even retired Minis- ters and retired MPS or even existing MPs who are working in the Parlia- Then, I have moved Amendment ment, the eminent politicians, the No 575 to add the words "including eminent economists and the men of letters to be there. We do not find disputes concerning the agricultural anybody there who enjoys the confi- labour”. Supposing the agricultural dence of the public. Why I am afraid labour is not given wages under the of administrators is—I do not say that all administrators do not enjoy Minimum Wages Act—it may be a the confidence of the public; there State law—that should also be includ- are some good administrators who ed here. We want the same condi- enjoy the confidence of the public— that they will be too rigid in their tions to prevail m respect of the agri- attitrde. Once a iecisiun has been cultural labour also. The agricultral taken by some ICS or IAS officer in labour is also suffering. I think, they the services, it becomes very diffi- should also come within the ambit of colt for any officer or any administrator to reverse that decision. Not the administrative tribunal—so that because he does not want it but be- justice is not denied to them. 99 Constitution » 0 m i, in s h Amdt) BUI i0< ” {Shri & 1C Banerjee] quaaUcriminal caaee being tried by With these words, X would request these Tribune!*. My submission the hon. Minijter to clarify two points. would be that whatever may be the |Jirstly, what **• the specific matter* competence and power and authority 1 in regard to service* ineluded in the of the Administrative Officers in th e tribunals and what will be their com- administrative side, they are not composition. AH these things should be petent, so far as my opinion goes, to J spelt out. If you read sub-clause (2), preside over these kinds of Tribunals it reads: which are going to decide very crucial points relating to the rights o f “A law made under clause (1) civil servants and so many others. may— Take, for instance, income-tax cases. (a) provide for the establish^ The Income-tax Tribunals to be set ment of an administrative tribu- up for trying income-tax cases are to nal for the Union and a separate administrative tribunal for each be presided over by one Judge. Like- wise, sales-tax cases are to be tried State or for two or more States;" by three Judges, two from the Depart- It will differ from State to State. But ment and one from the Judieiary. what will be the basis of the com- These Tribunals which are going to position? I don't want him to name try very important and vital, serious the persons, but I would like him to and grave cases should be necessarily give us an idea at least as to who presided over—in the interests of should be there—whether another Bill justice and to avoid mis-carriage of is to be brought for the purpose—, justice— by a person of a rank not what other cases will be covered by less than that of a High Court Judge the Tribunal and what will be the in the case of the State Tribunals composition of the Tribunal; and, last and not less than that of a Sup- but not least, he should also cover reme Court Judge in the case of the agricultural labour. Central Tribunals. The other members can be administrative officers SHRI K. MAYATHEVAR: Mr. with the required competence and Deputy Speaker, Sir, by this amend- experience. ment we are seeking to set up Tri- Another submission of mine is that bunals both at the State level and at I am told that retired officers may be the Central level and these two types appointed to the Tribunals. I submit of Tribunals are to take up disputes, that this kind of appointment will complaints and so many other cases lead to much more corruption than arising out of the recruitment, condi- there is now because retired officials tions of service etc. of the civil ser- —whether it is an administrative offi- vants. These Central and State Tri- cer retired from civil service or a bunals will, therefore, no doubt try Judge retired from the judiciary— and decide so many cases which may will not care for any honesty in ad- be judicial in nature, some quasi- ministration. Therefore, I would criminal and some even writ cases, plead that retired people should not directly or indirectly. But these be admitted into these Tribunals. writs cannot be filed directly to the High Court or Supreme Court, but to I want to make this final point as the Judges sitting on the Administra- a lawyer. I am told that lawyers frtan tive Tribunals. Therefore, directly any court are not going to be allowed or indirectly, writ cases also may be to appear in these cases before the tried by these Tribunals. That being Tribunals. That should not be so be- so. my submission as a lawyer would cause article 19(g) guarantees the be about the persons who are to pre- right to practise any profession or to side over these Tribunals because so carry on any occupation, trade or many rights of the people are concern- business. We have already got so ed—not only cases civil in nature but many unemployed lawyers in ell rax CtoMtttatCDn k a b t c h a 1* , i m o a th A m a .) b w ioa

court*, not only Supreme Court but country. It was a very pertinaot re- gtefti High Courts, *04 we should not mark. Why i« it that you have found add to this ifeampfeymant problem fault with the judiciary which you of lawyers. I, therefore, suggest that yourself have created? I could pay lawyers should also be allowed to justified compliments to our hon. appear in these cases before the Minister as a very good judge; a Tribunals. better lawyer and a still better politi- cian, which he deserves aa a SHRI B. V. NAIK (Kanara): Mr. person, but we are not today dealing Deputy-Speaker, Sir, I have proposed with the personality of Shri H. R. a small amendment to insert the Gokhale; we are today dealing with tenure, permanency and creation of the bon. Minister to the Government Posts' after the words 'respect to’, that of India dealing with the Ministry of is, to read as: Law. I have tried to go through the entire thing as quickly as I could. "323A.(1) Parliament may, by law, provide for the adjudication In addition to the Indian Admini- or trial by administrative tribunals strative Service, which was consider- of disputes and complaints with ed as the pick of all the civil servants^ respect to the tenure, pennanncy and successor to the Indian Civil Ser- and creation of posts, recruitment vice, the Indian Police Service, which and conditions of service of persons had to be more committed because .. ’’etc. they hazard their lives for the main- tenance of law and order, the all- The first problem that strikes one India Judicial Service is being creat- is what will happen to our Public ed now on an absolutely equal basis. Service Commissions. The Public Hereinafter, any District Magistrate Service Commissions, under article cannot say to the District Judge that 320, are cast with some responsibility he as a milligram of more weight as in this sphere. A suggestion has been far as his merit is concerned. This is made by our friend, Mr. Shivnath fair enough and the Indian judges Singh, that we should be able to needed it. give to these Tribunals which we will be constituting even powers of re- But, Sir, this is in the face of pro- cruitment and everything in regard mises held up to the technicians in to these. It is v ery difficult to disagree this country for the last two decades, with him If you are creating a Con- the engineers, the doctors, the techno- stitutional body and this Constitution- logists and the builders of the nation. al body is considered to be good This process was initiated by our great leader, Pandit Jawaharlal enough to do almost everything which the Supreme Court or Nehru. These are the people, who are the High Courts were doing, and also the builders of our country; they build roads, hospitals, factories, they something more, I think, there is no reason why almost the entire respon- make two loaves of bread in place of one. At the time, when we sibility of keeping our services, the are going ahead with the recommen- Government servants, including the servants of the public sector enter- dations of the Swaran Singh Com- prises, in shape and keeping than mittee the major casualty has been committed for the greater good of the the engineers and the doctors, as also nation, should not be given to them. the other technicians, productive ele- The debate has been going on, not ment in our society, the scientists, only today but also on the other the experts and others. They have not found favour in this amendment. Still, days about this; very indicating re- my friend, Shri B. R. Shukla found marks have been made by our friend, that the judiciary in this country was Mr. B. R. Shukla that you are victi- being discriminated; that there was mising the judicial services in this 103 CtaMttutto* ROVEMBXB 1 ,1W« (Uih Amdt.) BOI 104 XSbzi B. V. Naik] moved? We need the same political injustice against the hon. Justices support a* it needed tor a constitu- m lp m ln g OUT VSripUS COUftfl. I haVC tional amendment. $ut the Itonbers no brief for one group as against the who constitute this high tribunal are other; after ell, the people who put just the appointees of the Govern- u s here are quite different. ment by the order, and in the name of the President of India. Under the We have been jolted by Sardar circumstances, I think, without look- Swaran Singh in regard to the tri- ing deep into what we expect—out of bunals and ihe members who are S®’ these Tribunals which are expected ing to constitute our tribunals. I am to substitute, if we do not constitute quoting from his able address on the these Tribunals with full powers and 21st August, 1976 in the Kengal Hanu- full position and give them the same raanthaiya Endowment Lecture at protection as equivalent to that given Bangalore. He said: to a Judge of a High Court, they "It is the Committee’s hope that will not be of much help. The other the Tribunals will be manned by day there was a furore when it came persons of highest integrity, inde- to the conditions of recruitment of a pendence and requisite calibre and High Court Judge. We know that that Parliament when it makes the they are able, worthy and eminent law in this respect will make ade- people but I am really surprised by quate provision therefor” the strength of the lawyers’ power in this country which is displayed These future hon. Members of the here, that they do not think even a all-India Tribunals, who except for one simple saving clause in which Member with all the eminence like there is an appeal to the Supreme Mr. Banerjee is fit enough to go into Court, shall for all other purposes, the high ranks of the Judiciary. I be equivalent in responsibility cast would, therefore, say and I have only on them, except one Article 336, which no submission to make. Now we have the hon. Minister know whereunder constituted some T ribunals.... an appeal can lie against the order of the supreme Tribunal of India, and MR. DEPUTY-SPE AKER: When? still the conditions of the members SHRI B. V. NAIK: ... in the State constituting this high tribunal of this of Karnataka under the State law as country are not going to be protected assented to by the President. So it has under the Constitution. As rightly got relevance. All these Tribunals told by Shri Banerjee, it might be, have been constituted with full as usual, that these tribunals will con- powers. I would suggest that the Tri- sist of retired civilians, retired ad- bunals at least in respect of land re- ministrative officeits and retired forms, many of them, wherever they judges. Is it that we are going to have been manned properly, have make a departure? Is it that the cul- done good job. But I request tural milieu and the cultural environ- the bon. Minister in the same breath ments in this country are ready to to examine the composition of some accept this departure, that we think of the Tribunals that have been set up that certain task can be performed by in some States like Karnataka and only certain people? Otherwise, why offer them some advice regarding re- is it that for any action against the cruiting them___ judge of a High Court or the Supreme Court, there is a special provision and MR. DEPUTY-SPEAKER: Kindly the convening of this august House conclude now. and order given by the majority of Members of this House, and two- SHRI B. V. NAIK: I have some thirds majority of those present and more points to make but in due defer- voting, and only then he can be re- ence to your wishes, I conclude now. 105 CoMtffNtion KABTXKA 10, 1898 (SAKA) (44th Amdt.) Bill 106

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ftfftrrrw ftrs] . nrW? fsr w W KW ww TV fiRT t t ff ^ ^ W t v m r wrfifr i *rrft vfrrm, *ft e f im x x * f& * g m ^ Ikufrtfn, w m x «rrf* ?rt x * * $ f m i ff m*nr wifw | fa ftw | ifft *pt tfweT w ft fsrepft yft ^ fftn w ’jfsr | fa*r ^r?pr % qtftnw ftwr fafaw # n«rr | fa f?*j- | *w % sftwtrii, 4tpnw« jf?f *r*r «rrfV ?w * tP r ir?irf, Tir’fT faw« p^ v r trfisrvrx * * *tor qft «n % w o t $■ W «TRT 5>TT I fftftrcr «pt ferr | fa^ra sft wrirttr 3f $TT t o t | o t « v $ ^ftf*r«r wnr ^»r if wjw fa# «ft w x forr (, ?ro mx fiwr t fa q *fT anmft | ^nfft *m nrr it qtaRr q* 3 farozspr ^ r ?rm err ?if qftf ffh *ht $tar wk x tfite «pt jfttft^ H?ft^r vt4 it qi T^r, f w ^ ^t *rr ftor wft % rr i there have been occasional exces- ses and that experience has demons- f«T 5T5*^9?T *>T ^ t &?WT ?>n trated the need for certain adjust- v t v tf % wsnrar w k ments here and there.” 9H$ $#3f ?l^t' * T f I fa *TR % «rm *ift wr vhrcr ?w fttft ft am fcarr* m * tp? nw m ^ r v t t r f t w ft % fa*, *rWf «pt wvprcr wr vrcrcft wpfrt *ft ft*nr srrar

[*tt m n p * ¥WT] India or under the control of the Government of India or any Cor- c m a ia w rm f*n ft poration owned or controlled by* ?rt*wr trv tfrA tft% w w «rmT the Government”. *rroft *rar wft wrf^t i ^ fa 5* ? T W F r q ^ r % jp^?t tfh: «a% «TN % mfefrH 226 fST fcar I fVrf^T «rr? ?ft«T gsfta-^ «n^»nr i fa «rqr statsrc ♦)« y t fear i fa ffo sfftfterr ^ f*rr*r f> ir i «nft u tM qrifiy rv t vt* % i«p *rrc*ft aata *?r f t I , ^TPJJT ?ft *nft st^tt t a w 1 1 * a afc aafrr !r faarr « r fsar «ftr «nr*r % ^ fear fr s*f j r * * ^ 3r f^r ?fea 5f f^pT^r fW t, a*i r z saar fta r xftn *ft 3a % ar«r *t ?5?TT*irtf Tjt^r s^tftnT i ^Trarw R , %mr a ft ftcrr | a*t t ft * gsta ^ a^TTTtf f at ^pt ^>?r CTPTT f> *r U rtT a? tft a a fTFRT *T 35f *rr a^TTre? it t|»tt i s tr^ t ?pfta aft stow arrftaa are ^ i a f t o ?*na f t *rarr | ? *fft ^ srf ara îftt g far wr fpfta *\ £ * r fsp fafgrar sftatar *> wat a^raftsffr a%*rr ? ja ^ t amfT t t a sn>TT ufaasr ftar, ajar v?t tjTn Eîfft, sftat«rr f>TT I W& aft 3TT5T af $ fa fasffta ft»rr i crw ?r> | f«r» jaw 3r at *nara if *aaT | eft aa fa^rn §rfra fg^ m a ^ s?ta *TT *R£ta sfasjfcfifSaaa f r a 5FT ft ’TT? afiftft af | *ftr â*ft a^ft ft af | gsfta sptr eft fo*ft ?r fc, atr fâ sr %m fa^sa S at ^rrfasra ftor ? f% a^rr wna aft TiaT wt o t , % tpF ^Tfyti aT^ f o f c ^ w ?a 5ft ^ jpta *ftr asfar qmfa»a ^ t a w *rk ^fr *t +vii 1 1 a tw r aaaa? ijn H t ar^ %^T5T f!»r g^Tf^r aTf?a, frcf% ^la^g aifg^, ^ tt i sTN?ra»â f’m r f, ^ a f snaa i *na ?5nft f^T^ T M T^TT I 142ft *ft TTt ^ft?T rn r | ^rat artt ^ 3r— a f asrfa aaiat a T ^ %, at « r t a?f?a ftsar srr a%ar i "Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes fasft »ft aa aT a^f and complaints with respect to re- ^ tt, t arraaT ar^rr jf fir faftrar cruitment ahd conditions of service sfttftaT vta «rnj; ff ar aft ? 3% of persons appointed to public services and posts in connection with *a % fW r ?fta a^‘^ (ga | : — .the fajita of thp Union or of any State ot of any local or any other (1) “which shall be under thfr authority within the territory of direct control and supervision- K13 Ccmfttiittikm KABTIKA 10f 1988 (SAKA) (44tH Amdi) Bi» II*

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*r<% % faq ftft if vrr 1 5 .9 0 h n . w 1 1 g stftft tft *ptp?t % ftr* SHRI H. R. GOKHALE: There has v t t w r 1 1 %ft?*r sfrsw f been a very interesting discussion and w f a i fW t tftr *jfaft*r *nrfcf <*x ^ r naturally on a subject like this f, v w pfrr f t# f J *rcnft

[Shri H. R. Gokhale] ‘Conditions of service' is « very nals becomes necessary in industrial wide term. Rules sore framed to* disputes. Therefore, the thing is that government servants laying down the purpose of putting hierarchy here when a person can be rrtired, when, was quite different and not put in he can be retired prematurely, in here was deliberate. It is not a draft- what manner action can be taken ing error or mistake. against him for misconduct, etc. T he We have referred to many matters whole gamut of what you can des- among the functions of the tribunal. cribe as conditions of service of a One is to punish for contempt. It government employee is already pres- cannot be given by a statute unless cribed in the rules which are statu* the Constitution authorises it. You tory. Sfo far as industrial matters know under the Constitution, subject are concerned, it is now recognised to the supreme power of the Supreme that once standing orders are formu- Court in respect of contempt, power lated according to the procedure laid to punish for contempt :s being exer- down in the Industrial Disputes Act cised by courts, which is the normal or other Acts, they form part of the hierarchy of courts and not tribunals. conditions of service. When tribunals So, a specific provision to enable com- give awards in adjudications and say plaints of contempt of tribunals being that the wage should bs X and not tried is necessary. That can be done Y, it becomes statutorily a part of only by a provision in the Constitu- the conditions of service of an em- tion itself. I do not want to go into ployee. Private employment is not eacti of these matters. All I want to covered here. But there conditions say is, to the extent it was possible of service are governed by the con- to avoid a very elaborate enumera- tract of employment. Wherever there tion of all these things, it has been is a body or authority which is a pub. done. But while we give power to lie authority, the conditions of employ, Parliament to do things by legislation, ment are laid down in the statutes even that power should not be so tin- creating the body or authority or the restricted that the very purpose for byelaws. In the case of universities, which you are setting uo these tri- they are laid down in the various ordi- bunals is not transgressed. When the nances or statutes framed under the law is made, it will be subject to the respective university Acte. All these restrictions laid down here and the are conditions of service. All these tribunal will not be anything more matters which, under the relevant or less than what is contemplated rules or byelaws or statutes or pro- under article 323A and 323B visions under the Industrial Disputes Some apprehension wa.s expressed Act or standing orders, are regarded about the reference here to conditions as conditions of service will be recog- of service and recruitment. One hon. nised as conditions of service for the member referred to public service purpose of these tribunals. There i* commissions. I do know how the public some apprehension that 311 is not service commission comes here at all. part of the conditions of the service. It is not the intention that the tribu- I would say that there is no other nals will be recruiting agencies. Re- article giving the conditions of service cruitment will be done in the same which has the maximum of force than manner as before, by the UPSC or the conditions of service in 311 because State public service commision as the it has a constitutional guarantee and case may be. Where the recruitment that an employee cannot be removed can be made now without going to or dismissed or reduced in rank un- the UPSC it will continue to be made less the procedure, giving an oppor- as at present. What is being made a tunity etc. is followed. So, nobody can function of the tribunal is to go into go against the constitutional man- any complaint or any grievance or date to retrench an employee or re* any dispute relating to recruitment. duce him in rank unless certain R e c ru itmint itself is not the function things are done. This is much more of any wt these tribunals. jgftl CwutUmtkm X A BX R A 10, 18M (SAKA) (44th Amdt.) Bill 122 m condition of servioe of «very Gov* other side. There is no intention at «mment employee than any other the present moment, to do anything condition of service, anywhere in the of that kind. My persmal feeling is rules or anywhere in the statute. If because I cannot commit the Govern- you cannot go to the court in 311 and ment at this stage, the policy with the real grievance of dispute arises regard to these matters will be deter- as to whether article 311 has been mined, will be formulated. I do not complied with or not, I have per- know why while in extraordinary sonally no doubt that all tribunals matters which go before the High will be entitled to go into the ques- Courts you are allowing lawyers when tion under the relevant statute which the same jurisdiction is being trans- will govern the adjudication by tri- ferred to the trunbais, the lawyers bunals which will be set up by these should not be permitted. But all that statute. But it is not correct to say I can say at the moment is that this that a tribunal will have the power is a matter which is still open. The to issue writ. That power is not given Government will take a decision later to the tribunal because the power to on. But there is certainly no provi- issue writs is not the power under sion in the Act that lawyers are to be the conditions of service of the em- excluded. ployees. That was an extraordinary remedy and which was quite appro- priately described by the courts also, With regard to the composition of the tribunal, I have already stated which was given by the Constitution for certain purposes. And when that that while it is difficult to lay down in remedy is being taken away in res- the Constitution the formulation, the pect of these matters, power of ap- composition of the tribunals, the composition will certainly be laid peal under 326 to the Supreme Court down in the statute when it will be is provided for. There has been no brought before the Ho u m for consi- intention in any part of the proposed constitution amendments, to take deration. It will depend on the nature of the tribunal, the purpose for which away from the Supreme Court which the tribunal is going to be set up as is the highest adjudicating authority to how the constitution of that tribun- in the country and in which all of us al should be. All that I can say is to and everyone in the country has the repeat what I have said earlier that utmost confidence,, this power. There- it will be the Government’s endea- fore, looking at it from this back- ground, in this perspective, there is, vour to see that the tribunal is com- according to me, no necessity, no justi- posed of the people who will inspire fication for any doubt that the tribu- confidence. It will not necessarily be nals cannot function properly given composed only of judicial persons the cooperation from the employees, although I personally think that it is the workmen and other people who are necessary that at any rate some repre- likely to be covered by the tribunals sentatives of those who have judicial and the cooperation of the authorities experience ought to be there on these which will set up the tribunals. Now, tribunals. It is not absolutely neces- it is true that in respect of these tri- sary that everyone of the tribunal bunals some things have been men- should have that experience. I have tioned that lawyers are not going to got the example of the Income-tax be allowed. One hon. Member has Appellate Tribunal. We have judicial said that lawyers may not be allowed. members, we have the accountant Now, nothing is mentioned that law- members. The Tribunal is function- yers will not be allowed. It is a ing extremely well and even t^o-ie well known fact that lawyers have people who have gone before the heen excluded in some of the tribu- Income-tax Appellate Tribunal have nals. For example, under the Indus- told me and have spoken on the public trial Disputes Act, a lawyer cannot platform that the Income-tax Appel- appear unless there is consent from late Tribunal as it is constituted today, 1*3 o m mrnm: m/mam v i m m t k A»dfc> « m tan

[Shri H. R. Gokfeale] SHRx H. R. GOKHALE; I eettttpt is the best example to ehow hear tbe give any ^ssariftce; but ati 1 trim tribunal* if properly constituted* o n say is that when the ttae eatMs yaUr create confidence. X can say that the suggestion, being a good out, will be Income-tax Appellate Tribunal's deci- borne in mind. sions -are rarely interfered with by the High Courts and the Supreme Court SHRI INDRAJIT GUPTA: Is it pro- because the quality of {heir work has posed, in the ease of matters relating been found to be sufficiently good aa to disputes and complaints regarding to inspire confidence. Suggestions recruitment, conditions of service etc. have been made ; they will be that only those disputes will be taken up by the tribuals which are Speci- borne in mind. A suggestion says fically referred to them by the Gov- that we must have a trade union ernment; or can the aggrieved representative, another one that some employee go, suo moto, to the Tribu- public men should be there and still nal? another that no administrator should be there. I cannot say that there will be no administrator, but it is not to SHRI H. R. GOKHALE: There is suggest that public men will not be nothing of that type here; I do not there or that other people like repre- think it is the intention to provide sentatives of the people who know for a reference. But as I said, the industrial law will not be included. power to refer to the High Court All that I can say is that at the moment which was there, is not going to be I cannot indicate what will be done, there. For going to the High Court, but that all these angles will be borne there was no reference needed. Any- in mind before a final decision for one can go. Looking at the scheme bringing in the proposed tribunals is of the proposals, I do not think there taken; and the tribunals’ composition will be anything in a reference. w ill be brought in here before the SHRI INDRAJIT GUPTA: In the Parliament for being enacted into law. case of labour diaputes which go for This, broadly, is the approach. (In- adjudication to tribunals, they have terruptions) So far as agricultural to be referred by the Government; workers are concerned, I believe there otherwise they cannot go. are no agricultural tribunals as such. The land reform tribunals are there. SHRI H. R. GOKHALE: With refer- Land tribunals are there in various ence to industrial disputes, in the first States; and there is provision here instance there is reference by govern- with regard to land reform tribunals. ment, unless of course under section That has been taken care of. 10(2) both of them agree. That is a different matter. But we are not Taking all these aspects into account, changing it here. You know how the the present proposal is to set up tri- appellate tribunals were constituted bunals* which is a departure, as I when the Act was there. May be it said in the beginning, from the exist- was at that time restricted only to a ing system; it is a good thing. It has few matters, if I renw toer a right. been generally well received in the It may be that the whole scheme can country and generally accepted by be looked into, to see whether it the Members of this House. should be widened; but how can I anticipate anything at this moment Sir, I commend this for acceptance. and make any positive statement? SHKt S. M. BANERJEE: Before bringing in legislation on the adminis- SHRI SHANKERRAO SAVANT trative tribunals, will you say that the (Kolaba): Will the compositions and employees’ representatives, who were functions of the tribunals at the State consulted earlier, will be consulted level also be covered by the Central now so well? Act? 1*5 Constitution • K&KTOKA 19, UM iSAXA) (i4tk Amdt.) bill iatt>

SHRI H. B. GOKHAXJg: I t is i t e r . Page 16, lin e 4*— kfy friend ia a vwy eotpariepoad lawyer. Hexp.tt % the Central Government after “the population” insert— which does it for the State and for the Centre. And there can be a “of all the Scheduled Castes tribunal lor one State or for more and Scheduled Tribes as deter- than one State, depending on the mined by law from time to nature of the tribunal. time and” (268). SHRI KARTIK ORAON (Lohar- SHRI K. NARAYANA RAO: There doja): I beg to move: is a reference to the corporations owned and controlled by the govern- Page 16, line 4,— ment. Prime facie, the expression includes public undertakings also. But after “the population” insert— here the words ere: “controlled by the government” What is meant by ‘‘‘of all the Scheduled Castes “by the Government”? Does it include and Scheduled Tribes as deter- Government of India and also the mined by an Act of Parliament governments of the States? from time to time and” (425). SHRI P. R SHENOY: Clause 47 0f SHRI H R. GOKHALE: That is a the Bill seeks to amend the provisions well-known phrase that has been relating to the reservation of seats lor defined in the Indian Companies Act. Scheduled Castes and Scheduled Tribes to the various Legislatures. SHRI K. NARAYANA RAO: I want The Explanation which is sought to to know whether the public under- be added to article 330 reads: takings under the State Governments are also included in this. “In this article and in article 332, the expression 'population* SHRI H R. GOKHALE: That is means the population as ascertained what I am saying. There is a differ- at the last preceding census of ence between the Government com- which the relevant figures have been panies and the public-owned corpora- published?” tions Perhaps, the Government com. panies will not be included. But I do To this a proviso is sought to be not know; I cannot give a positive added as follows: answer. “Provided that the reference in Clause 47.— (Amendment of article this Explanation to the last preced- 330) ing census of which the relevant figures have been published shall, MR. DEPUTY- SPEAKER Non- we until the relevant figures for the take up clause 47. first census taken after the year SHRI P. R. SHENOY: I beg to 2000 have been published be con- move: strued as a reference to the 1971 census”. Page 16, line 4,— Alter the last preceding census of (i) after “the population” 1971, we have added a number of insert— Scheduled Castes and Scheduled Tribes to the existing list. Under this “of all the Scheduled Castes proviso, as it is worded, the increase and Scheduled Tribes entitled in population amongst the Scheduled for reservation of seats under Castes and Tribes due to the addition this article** (36). of new Castes and Tribes will not be X27 Constitution HOVSMBSB 1» iW i Amdt) Bill

[Shri P. R. Sfcentty] been adopted earlier. We cannot taken into consideration till 100# any change in this clause because the A.D. which is not fair. Therefore, scheme.haa to be the same. I would request Shri Gokhale to accept my amendment, which says Clawe 4S— (Amendment of article -that the population of Scheduled 392.) Castes and Tribes which has increas- ed as a result of the addition of new SHRI INDRAJIT GUPTA: I beg to Castes and Tribes should be taken move:— into consideration for fixing the number of seats for them in the Page 16, line 14,— various Legislatures. for “specified in the Proclama- SHRI KARTIK ORAON (Lohar- tion”. daga): We have passed the Scheduled substitute “resolved by Parlia- Castes and Tribes Bill, 1976 on the ment” (576). 2nd of April 1976 by which we sought the removal of certain area Page 16,— restrictions. As a result of that Act, the population of Scheduled Castes omit lines 15 to 23. (577) -and Tribes is likely to increase to the tune of 5 million. But, if I have «it famqmfag (3 ¥ < n n *'K ): understood the Constitution (Forty- s t o w m * r * r r n fourth Amendment) Bill correctly, it says that it will take into account the f ft? qft art srfspMT | census figure of 1971, which means JFT 3«Wt f t arra ft? «TR that it will overlook the Act which % sr'smr r jpt’t «ft»R|t request the hon. Minister to accept it. »rmV qft r< r srglr qis^rr, qrqqJV qnSf v t ycr «n|t q???rr u rn s ift faSr if SHRI H. R. GOKHALE: This is a •clause similar to the one which has wfor | eft sofa* % ftr tft® ipro IS » ConOttUtion K A X H K A 10, 1898 (SAKA) (44th Amdt.) Bill 130

4 f t % * c r m 1 3n& but there is no power to proclaim finer gency which can tyg. conftoed to ®W VMV any part of the territory of India; it $ 1 Iftfofrif has got to be for the whole of India. wro *wift #, Itw t «rwf ^ This amendment is important because emergency powers are being exercised # h : * « w t «r? wrer m 1 even wherse they are unnecessary. w p iy& «tfsz t « t I ^ 3 Now^ it may not be necessary, under • 1^0 % ^ # j only in a particular part of the terri- sffa * a ^ frT^ft % ^r*r rjijo srrf o tory. Therefore, if at all this is a relaxation which is being allowed, t^o tr« 5f V?r f ^ t^rr^ | 1 t o such a relaxation is necessary in w 6 t f a t w 1 « circumstances. «5«r* 7i tft 33 ?r fa n %ftx ** Similarly, under the present Arti- srWf v t

Clause 49— (Amendment of article 363. so. That is to say» after declaring Tfegaland to be an area where Em- SHRI C. K. CHANDRAPPAN ergency is to be proclaimed* - Govern- (Tellicherry): I beg to move: ment can enforce the legislation, which will be put into operation in Page 16,— that area, in West Bengal also, for example, the legislation can be put into for lines 30 to 35, substitute— operation in other parts of the coun- “(ii) the power of parliament to try also. That is what we understand make laws under clause (b) from this. If that happens, then what does it mean? It means, introducing shall not extend to any State the Emergency through the back- other than a State in which or in door. ... any part of which the proclamation of Emergency is in operation’. (578) MR. CHAIRMAN: You are basing the whole thing on a wrong assump- SHRI ANNASAHEB GOTKH1NDE tion. Kindly read the clause first; it (Sangli): I beg to move: speaks of the power of Parliament to made laws; Government cannot auto- Page 16, lines 31 and 32,— matically extend it___ omit “or in any part of which” SHRI C. K. CHANDRAPPAN; It reads: SHRI C. K. CHANDRAPPAN: I would like to bring to the notice of the House som'e facts about these new “the power of Parliament to make powers which are being assumed by laws under clause (b), shall also ex- the Government by ihis amendment. tend to any state other than a State According to this new provision which in which or in any part of which the is being added, the Government will Proclamation of Emergency is in have the power for their proclaiming operation... ’ emergency in any part of the country and parliament will make laws which MR. CHAIRMAN: It refers to the can be enforced even in those parts of power to make laws. You are pro- the country which are not under the ceeding on the wrong assumption that operation of Emergency. I think this this law will automatically be ex- is quite an undemocratic provision. tended to other parts. Just now, while answering the dis- cussions, the Hon. Minister had stated SHRI C. K. CHANDRAPPAN: After that if the Government finds it neces- enacting legislation for a particular sary that the emergency should be part of the country which is brought there only in one part of the territory under Emergency, I understand that of the country, then the Government Government can enforce that law in would not like the Emergency to be other parts of the country also. That declared for the whole of the coun- is to say, in the other parts of the try. If the position, as it is stated in country which are not under Emer- the amendment is accepted, suppose gency, Government will put into op- there is partial Emergency declared in eration that legislation by which a Nagaland, then this Parliament has part of the country has been brought the power to enact legislation in re- under Emergency. This is how I gard to that part of the country for have understood this. I may be the enforcement of Emergency. And wrong. When the Law Minister ex- if Government considers that, in the plains it, it will be clear. If that is interest of security of the country, that the case, then this is very undemo- legislation should be enforced in an- cratic and authoritarian because Em- other part of the country, they can do ergency has been brought into force 133 Constitution KARHKA 10, 1898 (SAKA) (44th Amdt.) Bill 134 only in a part of the country and if not exceeding one year at a time the laws which are enacted by Parlia- and not extending in any- case ment for the enforcement of that are beyond a period of six months after put into operation in other parts of the proclamation has ceased to ope- the country also, then practically the rate”. 4 whole country if under Emergency- That proviso remains as it is My even though only one pert of the amendment is: country has been declared to be under Emergency. This ia the apprehen- "Page 16, line 31 and 32,— sion* • • ' , Iff I omit “or in any part of which” AN HON. MEMBER: It is not worse The Constitution is an important than the present one. document; there is no doubt about it. The wordings in it should be as pre- SHRI C. K. CHANDRAPPAN: That cise as possible and there should not is a different matter. Then, we need be any word which is redundant. In not have the Amendment. Since this this particular context, ‘in any part Amendment has been brought forward of which’ is very cleat ly redundant. and the Minister also has explained that there is a reason for declaring By clause 48 of this Bill, we are go- one part of the country to be under ing to amend Article 352 of the Con- Emergency, I would like to point out stitution and are adding these words: to him that this goes against the spirit of it. That is why, we have moved “in respect of the whole of India an amendment to say: or of such part of the territory thereof as may be specified in the “page 16, for lines SO to 35, sub- Proclamation.” stitute, * The area is going’ to be specified in the ‘(ii) the power of Parliament to Proclamation issued under Article 352. make laws under clause (b) Therefore, I want to know from the shall not extend to any State Law Minister if the intention is to other than a State in any part have an enabling provision to declare of which the proclamation of emergency in any part of a State or Emergency is in operation’.” the whole State.

Our amendment seeks to clearly Secondly, my submission is that this specify the power of Parliament to proviso to clause (2) of Article 83 enact legislation and where it can be must not be made applicable while put into operation. such limited Or partial proclamation of emergency is in operation. This SHRI ANNASAHEB GOTKHINDE proviso enables the Parliament to ex- (Sangli): Mr. Chairman Sir, 1 would tend the life of the Lok Sabha by enacting the Law, while the procla- like to draw the attention of the hon. Law Minister very seriously to the mation of emergency, is in operation. point that I am making. But by this Article, we are going to have a limited or partial proclama- We have already considered clause tion of 'emergency. The question is, 17 of the Bill which seeks some am- whether after the declaration of such endment of Article 83 of the Constitu- emergency, the Parliament will still be tion. Hie proviso to clause (2) of able to use the powers provided in Article 83 is not changed and it reads: proviso to clause (2) of Article 83. As I submitted, this proviso to clause (2) VPrtyvldefi. that Hie said period of Article 83, must not be made appli- may, while a Proclamation of Emer- cable while such limited or partial gency is in operation, be extended proclamation of emergency to in by Parliament by Lew for a period operation. 135 Constituti.on NOVEMBER 1, 1976 (44th Amdt.) Bm ~3

~;i\,~~~~ ~"'~) (';'lI:r<:~T): ~-.rr- State, the emergency in Kerala cannot become effective. Therefore the q-:Ri ~~~, \ifT 'ffi~ 4 9 q"'{ ~ ~T=t '!,q" only purpose is that this is only to if »l'ifs-ifi! ~~~c f914T ~ ~Tq"i't ~B91I the -extent necessary to' make the emergency effective in the areas to' 1!~rft.;~T'li'(~rll'r ~ I ~~ 'fiT n 'fiT ~ (\';:1"1' ~l;£T~T is, the power to giVe directions and q"fCf~ ~ it> f~ f~f;:rfC:,{~T~Of 1flt1 to give executive directions to' an adjoining State or to make certain cen- q"~~Pi ~ ? ~Tq" \lj"{T lfT'{ 'li~ I ~~if tral laws applicable to the a.djbiiling ~n:'f1n: 'fiT q'{'1) ~ 'f1~TlflfT ~ f91 ~t State becomes necessary. This is only cfi'@ t:tlJ,{~T ~

SHRI ANNASAHEB GOTKIHNDE: every Proclamation made under r "91: in 8!Uy. part of i,t"-the wording.is this. article on the ground of in- !not clear. To that point of mine he has adequate economic development riot re.gIied. of the State shall continua to be in opecaeion fOI! SUGhperiod as .SHR! H. R.. GOKHALE:. I have seen the President is satisfied about the hon. Member's amendment. On the the adequacy of such economic contrary the . grievance is that' .you development." '(17) sliolt'l'd:not exend the emergency provisions to, another State. P:age 16,-

'SHR!' ANNASAHEB GOTKHINDE: after line 37, insert- The impression was that the 'emer- v gency eaa 'be only in the whole State '(ii) In claUse (5), for the words and not in any part of the State. "clause (1)" the words "clauses (1) and (4a)" shall be substituted.' 'SHR! JI. R. GOKHALE1:'No, you (18) are under the wrong impression, that the proclamation of emergency must SHR! KARTIK ORAON: I beg to necessarily be for the 'whole State. move:

SHRI ANNASAHEB GOTKHINDE: Page 16,line 36,- I have specifically asked whether it is an enabling provision to declare emer- after ."Con!;titutiQn" in.seil't- gency in' any part' or a7 state. '(i). in. clause (F), after the SHR! H. R. GOKHALE: There is. words "of this Constitution," That is the language of the -:Artic·le. the following shall be inserted, namely+e- ' Clause 50,- (Amendment of article . 356.. "or there is mounting resentment, disconterij or I!lis- SHRI BIBHqTI ¥lSHRA (Moti- satisfaction due to" regional harij ; I beg to move: economic imbalanee in any part of the State," and'. (426) Pa·ge 116,line 36,- after "Constitution" in'Sert- Page 16,-

'(i) in clause (1) after' the after line 37, insert-' words "this Constitution," the following shall' be inserted, '(ii) alter clause (4), the 'namely:- following clause shall be inserted, namely- "or the economic development of the state is not at par with "( 4A) Notwithstanding other States" and (ii)' (HI). anything contained In this article" every Proclamation Page 16,- made under this article on the ground of regional ecpno- after line 37, i'l1;sert- mfe imbalances of _any state, shall continue to be in force- '('ii) after-clause (4:) the following for such periOd as the Presi- clause shall Ibe-Inserted, namely:- dent is satisfied about the ••(4a)' Notwithstanding any- removal . or such economic thing contained in this article, imbalance."." (-i27)· 139 Constitution NOVEMBER 1, 1976 (44tfe Amdt.) BiR X4° SHRI INDRAJIT GUPTA: I beg to «wrr *&f«r *r? ^ r r »wt f i e inserted before the words “six months” wherever they occur*. iqifirv «phc5^ t V ^?rfrT ? w 5 I I 1 (481) w ^rxr-^rt«rr ^>rf % frits ^ *rr ^ wfn t t t jt «rr h ttt 356 % *t% zft i n srrcr | «rt‘< ^ AT SHRI KARTIK ORAON: I have *wrr fcft *t—**p: U tz tr moved an amendment to Article 356(1) which says: *rro £Nr a r s ^ ?r gt 7*r ^t a t *r *rr*»*r srr^ faqr ^rrar sfh: Page 16, line 36,— ?ro n v r m ^ t ot era after “Constitution" insert— *5 $$$ % itvraft *$t Tfnr i '(i) in clause (1)' after the JfffR q ^ ff % ref *fl$T if words “of this Constitution, the following shall be inserted, *r> *$2rc $ w *pr*r f*ri namely:— 241 Constitution KARTIKA 10, 1898 (SAKA) (44th Arndt.) B ill 142

“or there is mounting re- been declared is over. Dissatisfactions sentment, discontent or dis- are always the seats of resentment satisfaction due to regional arising out of regional economic im- economic imbalance in any balances. And such resentment can part of the State," and’ be sometimes very explosive. There- fore, to make this proclamation more Sir, Providence has so arranged meaningful I have moved this amend- that wherever the tribals live, the area ment to Article 356, Clause 4. is either rich in mineral deposits or rich in forest wealth. But the fact I request the Law Minister to ac- remains that such areas are very cept both these amendments moved backward due to influx of population by me. from -outside and displacement of the people living in these backward 16 hrs. ' areas. HWWT fiw (fcsfarr) : Sir, we are all aware qf the re- w rofasft, % 44*f tfjftePT sentment expressed from time to time, farehw stftarc tf«rr 48 i vmgr from various parts of the country which are backward. That is why I tu t 1 frn sf gftgR 3% | f¥— frirre have moved this amendment to Arti- % .H y f o 356 % w k ( 4 ) it cle 356, Clause 1. *?$%” %

Page 16,— after line 37, insert- faipftR srpr §r 'd!) after clause (4), the fasN ? Wpfcfl (, following clause shall be in- f 1 sirpft serted, namely: — *ftsvftsRwnt f “(4A) Notwithstanding anything contained in this arti- ft?*sfsrsr*t cle, every Proclamation made ft; t «rrar under this article on the jrfinrramri ground of regional economic imbalances of any State, shall Sf&FJT WT frpRZT ^ q-rcff % continue to be in force for M r sifta* vt *?rt 1 1 such period as the Preseident is satisfied about the removal w w w fta r | ft? ftsfr of such economic imbalance.”.’ 3 T i^ f? r srrerqr star Satisfaction of the Preseident in ^ ftn? < nfW fe *Pt «rfspPTT § ft? such cases is very important and until Sr frs^ ^ 1 he is satisfied the proclamation of emergency cannot be declared) and ft$*rc? % «mr ssfc for that matter, cannot be allowed to *rr*r 5«r f t continue. The emergency is always ft? 5R*r | in »r^f 1 declared with some specific purpose. Otherwise it would amount to shoot- m

{«ft v ia rr f ir * vrtfta r i swwfe *t «rrr V? $ * h e *w% ^ m * 4 t * «rfs- ms $ 9 * * f « ?fta w i % «rfe*r q£ $> mtf^tt t o aft fcfo amft $, WBfr i * f t srcrtfvrftntf qiiw Rftfi 3*wrf*rft t ftWT I —> * n c ^ W 5 *£t% ^ Tfr srr»r *r frtft far faw ^|w> vt ^ *rnr «r?frr «si*r firsftMrro* zrr t ^ * r sstw> | ?rr«r m ^?r> «wr jrrfim ft snsr fSm^r ^ ^nsrw «rflr UPW H?r5W^5t?Br| fo jifafr? 9»r 61% i ? ?r %rr asp? %■ qtfo w ?ra. *?ra ?w fvhw | ^ f1» «wt»5T vt vr«r wr^T v r irfspETT f t *T$»nr ^ tifT T t t ^ crrf% ^rnpt ^

$ h r r |i w r *m«rr Unions, Municipalities, Corporations and such other local bodies, the j fr *r* infirm* 85«rt W fuH ifq* State Assembly and the Lok Sabha. During President’s rale, «wpp*r^nf|fSir V: * JRTT the administration is carried on < r r tn1wrr$fe v t ^stptt by the bureaucrats. Unlike the peoples' representative* who art elected •rftflr 1 sw ffrr qiiwife arc? disectly by the people, the bureaucrats do not have any interest in v . Jf x^e srrc «hr*t redressing the grievances of the | *r> Tn?7f?r % m & % *pr peqple. The representatives of the peogte want to serve the people; they realise that the waUave of the people | \ v n < rw v ^ rr 1 is synonymous with the progress of the nation. They sacrifice their everything to achieve this goal. The bureaucrats from their ivory tower •SHRI S. D. SOMASUNDARAM are not always guided by such laud- (Thanjavur); Mr. Chairman, Sir, able objectives. Clause 50 of this amending Bill seeks to amend Article 356 of the Consti- The Sessions of Parliament are tution, When this clause is approved held three times in a year and if at by this House, then the President’s all the Government want to extend rule in a State will be for a period of the period of the President’s rule in one year, and not six months. I do a State it ean be got done without not understand the reason for bring- any great difficulty. When there is ing forward this amendment. I would such a built-in safeguard, what is the like to know whether the existing reasons for this amendment? It seems provision of six months' President that just for the sake of bringing an rule in a State is a stumbling block amendment H has been brought for- for the economic progress or does it ward. I don’t think it meets with stifle democracy in any way or does any requirment of the situation. On it in. any manner hinder the progress my own behalf and on behalf of my of the nation. party, the All-India Anna Dravifla Mtmtaetra Kazhagam, I oppose this amendment. The founding fathers of our Consti- tution wanted that the President’s SHRI H. R. GOKHALE; Mr. Chair- rule in a State should not go beyond man, Sir, the amendments given by six months, and besides, the elections Shri Kartik Oraon and Shri Bibhuti should be held within six months so Mishra proceed on the basis of eco- that democratic rule can be restored nomic imbalance or on the ground that economic progress has not been at the earliest. That was why it was mentioned specifically in the Consti- made sufficient in a Stele and, as tution that the President’s rule should such, there can be President’s rale. not go beyond six months. Xhi» is not sofj now. It can only be on the ground that the constitutional machinery has failed and this is also With a view to fostering democracy only on ttie report of fee Governor end the peoples’ representatives are not otherwise. The concept of hav- associated with the Administration at ing President’s rule because of eco- tail levels*—Pfcnchayats, Panchayat nomic imbalance being there or the •TBhe original speed! wa» delivered in Tamil. J47 Constitution NOVEMBER 1, 1976 (44th Amdt.) Bill

[Shri H. R. Gokhale) force for not more than one progress of the State is not good is year.” (482).” (482). not there at present but perhaps it is intended that it should be brought. SHRI H. R. GOKHALE; I beg to move: It would be a difficult and dangerous thing to do. First of all, how to Page 17, line 1, — judge in comparative terms the progress made by one state as against for “shall apply to any law” the progress made by another state? substitute— It will be the subject matter of vaild "shall apply also to any law". criticism that the assesment of eco- (657). nomic imbalance or progress in economic matters had been made purely SHRI D. K. PANDA (Bhanjahagar) for political purposes. (An Hon. By our amendment No. 482, we went Member: Percapita income). If you to substitute the following words bring in that, there are so many other for lines 45 to 47 on page 16: thing that can be brought. That is “after the Proclamation has not the purpose for which the Presi- ceased to operate, continue in force dent’s rule can be declared. for not more than one year.” The other thing is with regard to Article 357 is being sought to be the substitution of one year in place amended by the present amending of six months. It has been' the ex- Bill to the effect that any law made perience in the last few years that by Parliament...... shall continue when President’s rule was declared in force until altered, repealed or am- it was not normally possible to res- ended by a competent legislature of tore the state legislature within a other authority.” It means that any period of six months, due to various law made during the President’s factors and it was thought that six rule in a state will continue in months period was too short and operation indefinitely. Previously it therefore one year’s period is pro- was one year; now it has been ex- vided for. Moreover the power to re- tended to an indefinite period. Dur- voke a proclamation in less than six ing the period of presidential procla- months in there; it has not been taken mations, generally there are strin- away. Parliament can discuss the gent laws and certain measures are question at any time if the Speaker taken in national interest; some of is pleased to permit a discussion them mean curbing individual rights. whether or not the President’s rule If such laws were allowed to conti- should be continued or should not be nue for an indefinite period it will continued. Such a discussion is not have an undemocratic effect on the barred. Therefore, I do not think citizens. Whatever be the perfor- that the amendments can be accepted. mance whatever be the intention, it MR. CHAIRMAN: We shall now will definitely curb the citizens’ funda. take up clause 51. There are some mental rights. So far as workers interests are concerned, the legiti- amendments. mate rights of the worers, peasants Clauses- (Amendment of article and agricultural labourers are con- 397.) cerned, there might be some law dur- SHRI INDRAJIT GUPTA: I beg to ing that period which may go again- move: st them. So, by one hand if we make some law to give some benefits to the Page 18, — weaker sections of the society, by for lines 45 to 47, substitute,— the other hand, because of the abuse “after the Proclamation has of power, misuse of such power, ceased to operate, continue in those benefits will be taken away by 149 Constitution KARTXKA 10, 1898 (SAKA) (44th Amdt.) Bill 150

the bureaucrats. In the past, what fore, the position Is only reverse to has happened? The entire past has this extent that it continues shown (Efferent trend. Now, the pre- repealed by the State Legislature. It sent tren'd indicates that Emergency does not automatically lapse. So, was there over whole of the country. what is undemocratic in that? Now, in each area, in each taluqa, the law is extended so as to enforce MR. CHAIRMAN: Now, we go to Emergency in those areas. Similarly Clause 52. there were some rights which were given to the citizens, but now the danse 52 — (Amendment of Article Bureaucracy, the Executive and the 358). Administrative machinery have made so many other provisions by which SHRI C. M. STEPHEN: I beg to these rights are again going to be move: J | curbed. During 1963—65, there was no war, but the Emergency conti- Page 17, lines 9 and 10, — nued. Suppose in a particular State, there is President's rule, there are Omit “Specified in the First certain acts to deal with that State Schedule” (157) for that period, to deal with certain types of situations. Now, that will SHRI C. M. STEPHEN; I am not continue even if normal situation has moving my Amendment No. 158. come. Therefore, this trend, this atti- tude, this approach has to be reject- SHRI B. V. NAIK: I am not moved. ing my Amendment No. 637. Our Amendment is very simple. Let it be confined to the same one SHRI ANNASAHEB GOTKHINDE: year as it is in the Constitution. I am not moving my Amendment No. 647. SHRI H. R. GOKHALE: Sir, it was said that this was very undemocratic. SHRI C. M. STEPHEN: It is a very Now, the existing position is that simple amendment and I think it is when there is a law made by the very necessary. It is stated that a Parliament or by the President, dur- Proclamation of Emergency will ex- ing the period when a State is under tend to any State or Union Territory President’s rule, that law continues specified in' the First Schedule. My to be in force in that State for a pe- amendment is that the words “speci- riod of on'e year unless repealed by fied in the First Schedule’’ be deleted. the State Legislature. After the Pre- The reason for this is that the Union sident’s rule is lifted, the Territory is defined under the Consti- law continues. Now, all that is tution. The Union Territory means, being done is that if a law is made by the parliament or any Union' Territory specified in the President, it continues. But the power First Schedule and includes any to repeal is not taken away. In most other Territory comprising the Union Territory of India but not specified cases, it is not repealed because the laws which are made are laws which in such Schedule. are necessary in the interest of the people. For example, an act was There Is no reason why you should made by the President in respect of restrict it to the Union Territories Tamil Nadu, about indebtedness. Now, specified in the First Schedule only. why should not such a law continue If there are other territories it must to be in force, unless some Govern- cover that area also. It need not be ment in Tamil Nadu, later on, thinks limited that way Union Territory that thi$ for abolition of indebted, has been defined in the Constitution. ness should not continue? There- There might be territories which *5* Constitution NOTO6HB1R J, » 7 9 (4 * * AffK&) 0m [Shri c. M. Stephen} Page lT r - m ight not ha** been wteifled there. omit Unas 28 to 99. (OK) But still term tectitaey of India. Therefore, my aaaei»dm»nt is that I do not want to (alia much tiaae when there is a definition in the because I can see visible s in s ef Constitution of what a Union Territory impatience on your part because you i^t it is aot neeeasary to say "specified are a young, man and on the pari at in the First Schedule” and these words the Minister o£ Parliamentary Affair* may be omitted. because Me is not so young! But 'SRRfe S. I t GOKHALE: Although suddenly the mountain seems to have I may not agree with all the reasons moved and the minister so suddenly given by Mr. Stephen, on* reason he and so generously accepted suefe a has given, which I accept. That js, fundamental amendment by Ms. the words ‘‘specified in the First Stephen! So, I am encouraged to Schedule" are unnecessary because move my amendments. Union Territory is defined in the Con- stitution. I accept his amendment. This clause relates not to a condition where President’s rule exists but SHRI C. M. STEPHEN: After four- where a proclamation of emergency days oi grueUtag debate, you are has been declared. Our basic objection accepting one amendment! to this clause—and also to clause 52, because the substance is the same— is that this will enable the substance Clause 88—(Amendment of Article of emergency to be imposed on any 359). part of the country without a proclamation. of emergency there. This is SHRI C. M. STEPHEN; I beg to what it means. Emergency can be move; declared in any part of the territory of India or a union territory. Nothing Page 17, lines 21 and 22,— is specified as to whether there is any kind of minimum restriction on the omit “specified in the First area to be so affected. The position Schedule" (189) today is that emergency cannot be imposed unless it is done on the SHUT h . a. GOKHALE ; I accept entire country. Suddenly he is asking the amendment us to accept an amendment which SHRI INDBAJIT GUPTA: I beg lo wouSd mean that emergency can be imposed even in a village or a tahika move: or a district. There is no bar on that. Mr. Gokhale is an amiable am! Page I?,-* pleasant man, but the trouble with for lines 18 to 27, substitute— him is that he is ashing us constantly to judge tbe amendments not on their “Provided that where a Procla- merits but on his intention. X am vary mation of Emergency is in opera- sorry I cannot go by that, however tion only in any part of the much it may annoy some. I cannot territory of India no such law may share the illusion or delusion, which be made and no such executive some people on that side seem to action may be taken, under this have, that for all time To come they article in reflation to or in any are going to remain in power and State or Union Territory specified Mr. Gokhale is going to remain Law ifc the First Schedule in which or Minister; and, thfesefore, you musf in any part of which the Procla- trust us to do this or that. That is mation of Emergency is not in no! the way in which fix Patfiament operation.”; (579) we Judge such Impot&nf amendments Constitution KART!KA 30, 1*W (SAKA) (44th Amdt.) Bill 154

being made in the basic taw of the hands of the bureaucracy. Therefore, country. "We teve to go fey what the I would request him at least to amendment says, not by Mr. Gokhale's consider to relax it. When you and intention*, however honest and good •1 will not be there, I do not know they may he. I cannot go by this. how these laws are going to be put This is going to be written permanently into practice in future. into the Constitution at the country. From that point of view, 1 would congtdur flats to be • most dangerous SHRI H. R. GOKHALE: My inten- and obnoxious tiling. Here is not only tion, when I said that the intention a law which, of course, the Parlia- is this, was not to tell you my per- ment makes, but even an executive sonal intention. The intention is as is order made with reference to that evident here from the language of the particular part of tKe country where proposed article. The argument is, there is an emergency, may be even what is described as reductio ad a district or a taiuka, that can be utosurdum. Because of this, you can extended to any other part of the say why a village, you can say a hut country which is not under emergency. in the village or a garden in the vil- This is a strange thing. If there is lage. If the argument is valid, it can such a situation In any other part of go to its logical conclusion. These the country which warrants all these are what is called, reductio ad absvr- laws are executive orders, you can dwm. The basis of the amendment is extend the emergency to those Meets that instead of being required to pro. also. But without declaring emergency claim emergency in the country, if you want to create conditions of you Qdrik {hat really emergent condi- emergency thene. You may not want tions exist only in a part of the coun- to do it, but anybody can exercise that try, that part need not necessarily be power for that purpose. synonymous with the State or may not even be synonymous with the city but may be synonymous with two MR. CHAIRMAN: Intentions appear States, you can declare emergency in to be localised. respect of that region instead of saying State, village, etc. Now, what is SHRI INDRAJIT GUPTA; Can you the purpose if you want to have go upto the village level? Emergency emergency? The purpose is, firstly it In a single village! Localised 1 can is wrongly interpreted when you say understand but having localised it, that we «re extending the emergency you are extending it to other States to other parts. We ere not. What which are not under emergency. This we are really doing is that under 353 is fantastic. You can extend the when there is a power in Parliament boundaries ol emergency to a region, to make laws and when there is a to a group of States or anything. Why power to give executive directions in not do it in a straightforward manner? respect of certain matters in an emer- Suppose, in Nagaland you have an gency, you cannot make declaration emergency and then somebody can of emergency in a particular region. say that there is a particular organisa- <01 in a particular place ineffective, tion functioning in that area which by allowing these elements which have endangers the security of the country necessitated the proclamation of Emer- and in order to curb the activities of gency in the State, to operate from that organisation in other States, the an adjoining State? If you find that whole lot of laws can be extended to a region is in danger because of cer- other parts of the country without tain activities of some elements in the referring to that particular organisa- adjoining State, with a view to pro- tion? So, I want to omit lines 28 to tecting that State for which Emergency 36 from this. Otherwise, this will Is declared, you have to take a cer- become a dangerous thing in the tain action or have a law. That is 155 Constitution NOVEMBER 1, 1976 (44th A m dt) BUI

[Shri H. R. Gokhale] SHRI INDRAJIT GUPTA: Which what I said while discussing the earlier question am I begging? clause. That, I said is not my intention, but the intention of this bill, as MR, CHAIRMAN: You are making evidenced in the language itself. a grievance that it might become Therefore, I can see that there can permanent. That is where the begging be apprehensions. But if you give lies. a reasonable interpretation to thfc I don't think anyone, excepting one who SHRI INDRAJIT GUPTA; First Of is absolutely a despot and who has no all, I am opposed to i t But I am also respect for anything which is good, saying that there is no great hurry can do it. But then, he need not go to do it just now. Why cah’t he to the Constitution at all. consider this?

SHRI 1NDRAJIT GUPTA: Whether SHRI H.

Page 18,— SHRI C. M. STEPHEN; That is what I mean. a/ter line 4, insert— SHRI H. R. GOKHALE: The other “(f) any notification, order, amendment of mine is a definition of scheme, rule, regulation or bye- the “Central law”. law or any other instrument having the force of law, not MR. CHAIRMAN; So, I do not falling under sub-clause (e), and think there is any need for a reply to made by a State Government or this. We will take up the next the administrator of a Union clause. territory or an officer or authority subordinate to such Government Clause 55 (Amendment of article or administrator;’’. (659) 368) SHRI SHANKERRAO SAVANT: I beg to move: SHRI C. M. STEPHEN: The purpose Page 18, line 14, of my amendment was to define the State law. As it is. a State law means after “Act, 1976)” insert,— all the laws passed by the legislature “and no provision of the Cons- and whatever rules under notifications titution as it stood before or shall coming under it—which means that stand after the coming into fbrce the rules and notifications coming of the Constitution (Forty-fourth under the Central law are treated as Amendment) Act, 1976” (347) the Central law. Thousands of rules, notifications and orders will be issued Page 18, lines 15 and 16,— by the State governments. For that purpose, everybody must come to omit “except upon the ground that Supreme Court. High Court has no it has not been made in ac- jurisdiction. That is how it was cordance with the procedure laid framed; that is why I have moved down by this article” (348) this. Going through the amendment of Mr. Gokhale, my reading is that he PROF. S. L. SAKSENA (Maharaj- has practically accepted that position, ganj): I beg to move: viz. that rules and notifications given Page 18, lines 15 and 16>— by the State government, Union Territories and authorities thereunder, for “upon the ground that it has under any law, will be treated as a not been made in accordance with State law and that they can go to the the procedure laid down by this High Court. article” substitute— “by a full Bench consisting of SHRI H. 1R. GOKHALE: I would all the thirteen Judges of the not like a wrong thing to go on record Supreme Court by simple majo- as coming from me. The first thing rity” (567) is we have accepted the suggestion of Sh!ri Stephen in my amendment to SHRI P. R. SHENOY: I beg to that extend that if the rules, notifica- move: tions etc. are issued by the States under a Central law, then they can Page 18,— go to the High Court. But, so far as (i) line 10,— rules and notifications issued by the Central Government under a Central for “clause” substitute •clau- law are concerned, they cannot go. ses'’ (ii) after line 1®, insert— 159 Censtifertten N&VttMHEft 1, 1170 (44fy Amdt.) Bill 160

*{S) AH the -tanaftdmenta aiM e (5) For the removal of doubts, under this article beftwe *he com- it is hereby declared that Ifbere mencement at section 59 of the shall be no limitation whatever Contftftutton

SHRI C. H. MOHAMED KOYA SHRI P. R. SHENOY: The new (Manjiri); I beg to move: clause proposed to be inserted in article 368 reads; Page 18, lines 11 and 12,— “No amendment of this Constitu- omit “(including the provisions of tion (including the provisions of Part III)”. (312) Part HI) made or purporting to Page 18,— have been made under this article whether before or after the com- after line 16, insert— mencement of section 55 of the Constitution (Fort-forth Amend- “(5) Notwithstanding anything ment) Act, 1976) shall be called in contained in this article no ■question in any court except upon amendment of fundamental rights the ground that it has not been (excluding those specifically men- made in accordance with the proce- tioned in the proviso thereof) dure laid down by this article.” made pursuant to clause (1) shall be effective unless and until it is It does not speak of th* amendments confirmed by a majority of those on which the Supreme Court has al- competent to elect the Lok Sabha ready given a decision. Two of the and provided that no amendment amendments made by Parliament have shall be made that infringes, been declared to be void by the curtails or erodes the special Supreme Court on the ground that safeguards or rights conferred they destroy the basic features of the directly or indirectly on the Constitution. By this amendment we minorities, or the Scheduled are not saying that those judgments Castes or the Scheduled Tribes of the Supreme Court are invalid. We or backward classes under Castes say that in future the Supreme cannot or the Scheduled the Constitu- question any amendment passed by tion.” (813). Parliament, but the earlier judgment of the Supreme Court that the basic SHRI H. R. GOKHALE: I beg to features of the Constitution cannot be move: changed still remains. We have not Page 18,— undone that judgment by this proposed amendment It is very necessary for lines 11 to 16, substitute—. to say that Parliament has the power “ (4) No amendment of this to change even the basic features of Constitution (including the provi- the Constitution. Otherwise, if we sions of Part III) made or pur- make an amendment in future, a party porting to have been made under may go to the Supreme Court saying this article (whether before or that it is a fraud on the Constitution, after the commencement of sec- because that amendment may change tion 55 of the Constitution (Forty, the basic feature. So, it we do not second Amendment) Act, 1976) pass a proper amendment now*, we shall be called in question in any will only be giving scope for another court on any ground. amendment of the Constitution. l$ l Constitution ^ KARTIKA 10, 1898 (SAKA) (44th Amdt.) Bill i6z

SERI C. H. MOHAMED KOYA Here, you have specifically taken (Manjeri): Mr. Chairman, sir, this away the jurisdiction of the Supreme elause is a Damocles' sword on the Court, the trying right of the Supreme rights of the minorities conferred by Court in so far as the procedure adop- the founding fathers. Even though the ted in Parliament is concerned. Now, Law Minister has given assurance af- you are specifically giving this power ter assurance, not even one single sen. to the Supreme Court which will be tence has been included about the opening the pandora’s box. They can rights of minorities in the Constitu- even challenge whether a particular tion. The other day, Mr. Ebrahim person sitting in the chair was pro- Sulaiman Sait moved a similar amend- perly sitting there or not. ment which was rejected. I hope, this amendment will be accepted by the SHRI C. M. STEPHEN: The Law hon. Minister. Minister has put an amendment to that. He has dropped those words. SHRI SHANKERRAO SAVANT; So far as amendment No. 347 is concern- SHRI H R. GOKHALE: Mr. Savant ed, I entirely leave it to the Law Mi- has not seen my amendment. I have nister to see whether it is necessary already moved Amendment No. 593 to to give the protection to the original Clause 55 which reads; provisions of the Constitution. I do not say anything further on that. “ for lines 11 to 16, substitute— “(4) No amendment of this As far as Amendment No. 348 is Constitution (including the provi- concerned, I am very particular about sions of part III) made or pur- it. By this Clause 55, we have enlar- porting to have been made under ged the powers of the Supreme Court. this article [whether before or As it is, at present, the Supreme Court after the commencement of sec- cannot question the procedure adoption 55 of the Constitution Forty- ted in Parliament. But here we have second Amendment) Act, 1976] specifically given the powers to the shall be called in question in an% Supreme Court to question the proce- court on any ground. f, dure adopted in Parliament. It is certainly contrary to the existing pro- (5) For the removal of doubts, visions of the Constitution. it is hereby declared that there shall be no limitation whatever There is article 122—Courts not to on the constituent power to Par- inquire into proceedings of Parlia- liament to amend by way of addi- ment. It is specifically stated: tion, variation or repeal the pro- “ (1) The validity of any proceed- visions of this Constitution under ings in Parliament shall not be cal- this article.” } led in question on the ground of any alleged irregularity of procedure. MR. CHAIRMAN: It has bee* made perfectly clear. "(2) No officer or member of Parliament in whom powers are SHRI SHANKERRAO SAVANT: vested by or under this Constitution If it is so, then it is all right. I for regulating procedure or the con- need not say anything further on that. duct of business, or for maintaining order, in Parliament shall be sub- PROF. S- L. SAKSENA (Maharaj- ject to the Jurisdiction of any court ganj): This is a very important in respect of the exercise by him of amendment. In fact, it is the most those powers." important clause in the whole Bftt A similar provision is made itt arti- which seeks to take away the powers cle 212 as regards the proceedings in of the Supreme Court. My amend- the State Legislatures. ment reads like this: for “upon tal 2060 LS—6. Constitution NOVEMBER I, 1976 (44th Amdt.)* BiU 1*4

[Prof. S. L. Saksena] which was struck down by the Sup- ground that it has not been made in reme Court, sought to place tSe accordance with the procedure laid Prime Minister's election beyond flown by this article” substitute “by challenge even if it was obtained s full Bench consisting of all the by resort to "corrupt practice” The thirteen Judges of the Supreme Court 40th Amendment Bill, which haa so by simple majority” far only been adopted by the Rajyfl Sabha, seeks to confer absolute and The opposition parties have vehe- permanent immunity on the Presi- mently criticised Government amend- dent, Vice-President, Prime Minis- ments. This paper circulated for the ter, Speaker and Governors against National Seininar of opposition parties any proceedings even for criminal held on 10th October issued a Con- offences committed by them, either sensus in which it has condemned this during their tenure of office or even provision as follows: prior to their assuming that office. “The present Constitution places Furthermore several draconian no impediment on genuine socio- measures having a bearing on free economic reform and the Govern- and fair elections, individual liber- ment has failed to point out a ties and democratic freedoms, and single measure that it has brought freedom of the Press have been given absolute constitutional im- forward ■during past five years or munity by their inclusion In' the would like to introduce in the 9th Schedule of the Constitution.” future which could not or cannot be enacted and implemented, So, I would say that if Parliament given the political will. Nor is it can pass such an amendment then it true to say that the doctrine of the is the surest proof that the Parlia- sanctity of the “basic structure” of ment should not be entrusted with the Constitution propounded by the the proposed absolute powers. To Supreme Court in the Keshava- pass this provision by your stream- nanda Bharatl judgment has rotter majority is not‘proper. I say obstructed social and economic that this amendment must not be change. Indeed, the Supreme Court allowed to be passed. I am giving ruled in that case that the right a warning to the House. The three to property is not a part of tKe organs—the Parliament, the Execu- •basic structure of the Constitution. tive and the Judiciary, are equal and It is quite clear that the objective it is not proper to defy the Judiciary of the Government are very diffe- and the decisions given by the Judi- rent and That the adoption of the ciary in Keshwanand Bharati’s case 44th Amendment would in effect should not be defied. Again, I say establish a constitutional dictator- that this amendment should not be ship.” It is pertinent to point out passed. In fact the Parliament has that the policies of the Govern- no jurisdiction to pass this Bill and ment pursued so far have not it will be struck down by the Sup- helped the poor but the rich and reme Court. led to the concentration of wealth. SHRI H. R. GOKHALE: Article 388 is certainly the most important It would be relevant in this article which we are seeking to connection to refer to certain of amend. I have already given one the other constitutional amendments amendment which seeks to remove made after the proclamation of the possible lacuna whidh was there the internal emergency on June in the original BiU with regard to 26, 1975, Tlie 88th Amendment the procedure to be followed for places even a malafide declaration passing an amendment, and in that c t emergency beyond scrutiny of amendment I have deleted that por- the Courts. The 39th Amendment, tion, so that, on the ground of the X<5 Constitution KARTUCA 10, 1898 (SAKA) (44th Amdt.) Bill l 66

procedure being followed or not be- by a Legislature, not only by the ing followed, the Constitutional Parliament but by a State Legislature^ Amendment cannot be challenged. to say that a certain law is made in pursuance of the Directive Principles My hon. friend has referred to the contained in article 39(b) and (c), as features and he has said that it was there at that time, that declara- we have not specifically stated that tion will be conclusive’. Only this we can amend the Constitution, in- portion was struck down by the cluding the basic features. First ol Supreme Court and that also not on all, we do not recognise anything the ground of basic features theory but like basic features. We do not ac- on the theory that, virtually, power was cept theory of the Supreme Court given to the State Legislatures to that the basic features cannot be amend the Constitution. And no at- amended. That is why, in the tempt has been made to re-introduce amendment which we have given those words in the present Amendment. subsequently, we have said: But they have not been removed from here for two reasons. Firstly, we have “For the removal of doubts, it is to remove so many other provisions in hereby declared that there shall be the Constitution which have been no limitation whatever on the struck down and which have continu- constituent power of Parliament to ed to be there. It is obvious that such amend by way of addition, varia- consequential amendments will have to tion or repeal the provisions of be made separately Secondly, I may this Constitution under this article.” mention, as a matter of abundant caution, on account of the amendment With these two amendments, even which we have made retrospectively the so-called basic features theory applicable so far as article 368 is is taken care of. concerned, it will be possible to argue that even this amendment to 31C which Thirdly, about the possible objection has been made is not invalid. There, which could be raised with reference to Central law, somebody arguing fore, we have not removed it. that an amendment under article 368 SHRI N. K. P. SALVE (Betul): would be a Central law, that part of There is one point on which I want to it has already been amended so as to seek clarification. As a result of sub- make it clear that Central law wjll clause 4 which is sought to be incorpo- not include a law made by Parlia- rated, the authority of the courts to ment under article 368. All these review any of the provisions of the difficulties which have been mention- Constitution has been barred. That ed have now been removed because referred to Constitutional provisions, of the amendments. whether they were inserted earlier or they may be inserted subsequently. In So far as the amendment of Prof. view of that, I want to know from the S. L. Saksena is concerned, it is obvious Law Minister whether there is any that I will not accept it for the reasons doubt in his mind whether, in respect which 1 have already given. of some of the Constitutional provisions which we have made right from 1951 SHRI P. R. SHENOY; If we do not to 1976, which have been struck down accept the verdict of the Supreme by the Supreme Court, if some one Court that the basic features cannot be worked upon the assumption that destroyed by Parliament, will article they were not struck down and 31C remain as it is? would be treated as part of the Constitution in view of the provi- SHRI H. R. GOKHALE: Only one sion not withstanding the earlier part of article 31C was struck down by decision of the Supreme Court, it would the Supreme Court—that part which be open to the Supreme Court to say ■aid that *when a declaration is made that, since these provisions had been t& j Constitution NOVEMBER 1, 1976 (44th Amdt.) BiH x6 "mum [Shri N. K. P. Salve] Supreme Court nor any other Courl shall have any power or jurisdic- struck down at a time when this measure came in Parliament, they tion in respect of matters refereed could not be revived by insertion of to in clause (1). Clause 4. (3) Parliament may by law prescribe qualifications for the SHRI H. R. GOKHALE: 1 do not members of the panel which (hall know what the Supreme Court has be requisite for appointment as said... members of the panel and th« manner in which they shall bt SHRI N. K. P. SALVE: What is your selected. view? (4) The Panel shall determine their procedure and shall have SHRI H. K. GOKHALE: In our such powers in the performance of amendment of article 368, we have said functions as Parliament may by clearly, ‘whether made before or after law confer on them.” (202) the passing of this Act’. Therefore, obviously, wc are covering all the w rrrfa f t, 5 tfsftsR % jro amendments.

SHRI ANNASAHEB GOTKHINDE: fo s r r e r ^ b -t t c fe s rn r r In sub-clause (5) of the amendment circulated, it is said: 'STTSm £ fa 5FTC iftX 2TTKT Vg =ITn »rf t f% 3TT sft “For the removal of doubts, it is hereby declared that there shall be SmfrfSTr-f TrfWT fr* no limitation whatever on the consti- f *r 3it %, v n r tuent power. 'TTgrftfrhr t? & Is it 'whatever* or ‘whatsoever’ 7 srrsrf fs w fc w v r fssrr % SHRI H. R. GOKHALE: ‘Whatever’ snrf^r f>fr =arrf^ wg Jiff fr tt rfr $ i is the word which is used in the $ sroft wffew % srcr a w re % Constitution. ^T?n*r g fo arm 3 68 Clause 55A (New) % ^ sft? forr srrtr : SHRI HARI KISHORE SINGH after line 16, insert— (Pupri): I beg to move: 55A. After article 368 of the Page 18,— Constitution, the following article shall be inserted, namely: — after line 16, insert,— 55A. After article 368 of the “368A (1) Parliament shall have Constitution, the following article the power to constitute a Constitu- shall be inserted, namely: — tional panel consisting of 25 members of Parliament to interpret the “368A(1) Parliament shall have Constitution or decide any question the power to constitute a Constitu- of the constitutional validity of any tional panel consisting of 25 mem- law enacted by Parliament or State bers og Parliament to interpret Legislature. the Constitution or decide any question of the constitutional va-> (2) Notwithstanding anything in lidity of any law enacted by Pari the Constitution neither the liament or State Legislature. Supreme Court nor any other court shall have any power or (2) Notwithstanding anything in jurisdiction in respect of matters the Constitution, neither the referred to in clausa (1). 169 constitution KABTZKA 10, 1898 (SAKA) (44th Amdt.) Bill 170

(3) Parliament may by law judges the power of voting legisla- prescribe qualifications tor the tion enacted by the representatives members of the panel which ehall of the nation) but also throws an be requisite for appointment as unfair burden on the judiciary;" members 0* the panel and the ' manner in which they shall be 1 selected. 17 hr*. (4) The panel shall determine VT3T cf*r vs W & fa gsftq their procedure and shall have apTE *r *ftf tffWnTffJRTPT SffararT such powers In the performance of functions as Parliament may by % w if frfori? ^ a m & 1 *f?r It law confer on them.” snrfqsff^ fro w r, r r^r SVTOfa tft, $ ^ ffsflOT ^ Trfvn' flrfr qr *r?^ ?t r f r* yt, 3^ T« 3?R*r *TrT faOsT ^ STmT I I fo 5TTT ?TT 3T> IT? STW «&»i*rr f t srr^r 1 s55Tr£f¥*rrfaT?*?^T ^^ft 3R ?n’n qr? *) fatifo* frr IT, 35T*rt 4 TT trr ^ ? fm fa u n % o I nr ^-wtarwrr^v % i m sit srpr ^ I , 3ft a w f r o ffm * r^ ft^ 2 5 *w*3fr *nftaFTtfr srfaqT t srf^Tr % a m f j r ^ iftnjfTT, ^-srw rnft *r$ f^f«fr T^ft 1 it^r ?rnrg ^ ?r sfsn fa* ^raftsnr fasr £ f a Tt srpa^ wftmr gsfw fa f^fsr *5r>s*f tv 1 *ts vt #■ ifrr 1 v * *r 5 ^ ^?r ^ t ?tt ^ ? n | fa *ft m x* *rwftorr- am ?arf^rarT5T src «tt aw f«T5TTT ft ITT f ?rfTW ^ *narre % «ft sfrotr^o tt?r *rt ffaqT IT#CJ rf^t f^srr STcTT I wkt ^ rr if £rf*n» tqirr fa w ^ ^ %, tJJT« VJX Constitution NOVEMBER 1, 1976 (44th A m dt) BH1 17a

SHRI P. NARASIMHA REDDY: I any sort of compulsion or coercion.11* beg to move: (314)

Page 19,— Page 19,— after line 4, insert— c omit lines 5 to 7. (S15)

*‘170. Conservation and develop- SHRI O. V. ALAGESAN: I beg to ment of water, sail end other move: natural resources; drought and desert control.” (224) Page 19,— after line 4 insert— SHRI ARJUN SETHI (Bhadrak):. I beg to move: “17C. Inter-state rivers; ’ irrigation and water power projects with Page 18, line 42,— respect to such rivers." (334) after “11,” insert “17," (226) Page 19,— SHRI K. NARAYANA RAO: I beg to move: after line 17, insert— Page 18, line 49,— ‘(vl) after entry 47, the following entry dhall tse inserted namely— after “Courts” insert~- “and the tribunals,” (359) “48. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water SHRI NATHURAM MIRDHA storage and water power subject to (Nagaur): I beg to move: the provisions of entry 56 of List 1/7 (227) Page 18, line 28,— SHRI K. SURYANARAYANA add at the end— (Eluru): I beg to move. ‘and (ii) for entry 56, the follow- Page 19,—* ing entry shall be substituted, after Kne 4, insert— namely— “17C. Inter-State Rivers; “56. Water (including the waters 17D. Electricity-generation and of or in any river or river valley distribution.” (245) the use, distribution, control, regulation and development of which SHRI K. QOPAL (Karur): I beg to by the Union is declared by Parlia- move: ment by law to be expedient in the public interest).”/ (419) Page 19,— after line 4, insert— SHRI S. D. SOMASUNDARAM: “17C. Inter-State Water-Ways beg to move: and Irrigation.” (246) Page 18,— SHRI C. H. MOHAMED KOYA: I omit lines 22 to 28. beg to move: Page 18, lines 98 to 34,— Page 18,— omit “or any other armed foree 0 after line 28, insert— the Union or of any other force sut ject to the control of the Union o “2B—Population policy and fami- of any contingent or unit thereof ly planning without resorting to (442). ( 7 3 Constitution KARTUCA 10, IBM (SAKA) (44th Amdt.) Bill 174

Page 18, lines 37 and 38,— (U) add at the end— omit "subject to the provisions of “and tare species of fish and entty 2A of List I” (443) other marine life” (607) SHB1 N. & SREEKANTAN NAIR: % Page 19, line 7,— beg to move: add at the end— Page 19 — “and ecological balance” (608) omit lines 8 to 13. (445) SHRI K. LAKKAPPA (Tumkur): I beg to move: SHRI INDRAJIT GUPTA: I beg to move: Page 19,— Page 18, line 28,— after line 13, insert— add at the end— “25A. Employment and the im- “at the request of the State Gov- plementation of the right to work ernment concerned" (484) in all the States;

Page 18, line 42,— 25B. Guarantee of gainful em- for “and 29” substitute, “29 and ployment to the people.” (614) 46” (485) SHRI K. PRADHANI (Now rang pur) :j Page 19, line 11,— I beg to move: after “universities” insert—* Page 19,— “, sports and physical culture” (486) after line 17, insert— ‘(vi) After entry 38, the follow- Page 19,— ing entry shall be inserted, name- after line 13, insert— ly— “25A. Agriculture including land “38A. Irrigation.”.’ (819) reform, agricultural development and agricultural income tax/’ (487) SHRI PRIYA RANJAN DAS MUNSIy I beg to move: 'SHRI M. C. DAGA: I beg to move: Page 19,— Page 19, line 10,— after line 4, insert— after “including” insert “libraries,** <558) “17C. Archaeological achievements and hidden treasure and SHRI B. V. NAIK: I beg to move: ancient religious and historical monuments.” (632) Page 19, line 3,— SHRI SHIVNATH SINGH: I beg to after “forests" insert— move: “and welfare of the traditional Page 19,— residents and inhabitants at forests” (606) after line 4, insert— Page 19, lin e 4,— “17C. Utilisation of water, mine- (i) for “Protection" substitute ral and power resources of the •“Conservation'' Country" (840) 175 Co»«tit«tto» NOVEMBER x, 1876 {«4& Arndt) BUI 176

SHRI P. R. SHXNOY; At present Page 19,— we are having too many Inter-State water disputes and at a remit no State after line 17, feuert— is able to use the water to the requir- ‘(iv) after entry 47, the fallow- ed extent and a large volume of water flows into the Indian ocean. If we ing entry shall be inserted namely— want to avoid these disputes, the subject of Inter-State Rivers should go to “48. Water that it to say, water the concurrent list. There can be real supplies, irrigation and Integration in the country only viien drainage and embankments, water we take up things like linking the storage and water power subject Ganga with the Godavari and Kavari to the provisions of entry 56 of or having Rajasthan canaL Therefore, list 1.” ’ (227) I strongly...... The reasons are obvious. There- MR. CHAIRMAN: You want to put fore, these should be included. 3t in the Concurrent List. SHRI K. SURYANARAYANA (Eluru): I have moved this amend- I think this is a very simple matter. ment in view of the importance of You say that this is what you want to irrigation and power for the national be included. economic development. 20-Point programme also laid a great stress on Shri Narasimha Reddy, what is the creation of irrigational facilities. Subject which you want to be included Major and minor irrigation can pro- in the Concurrent List? vide potential power. 57 million hec- tare ... . SHRI P. NARASIMHA REDDY: I have suggested, MR CHAIRMAN Why are you giving all this statistics? Your view Page 19,— is to include power and water. after line 4, insert— SHRI K. SURYANARAYANA: This is a major thing. “17C> Conservation and development of water, soil and other MR. CHAIRMAN: The Minister natural resources, draught and will take note of your suggestion. desert control” SHRI K. SURYANARAYANA: Sir, When we have taken Forest and Wild in the Fifth Plan, an addition 0f 6.2 Life to the Concurrent List, it will be a million hectares has been planned and pious wish if we do not take it to the a provision of Rs. 2400 crorea has Concurrent List as has been suggest- been made for the purpose. A target ed by me. of additional food production of 25 million tonnes has been fixed for the Fifth Plan. More than half of this MR CHAIRMAN: Minister may production has to come from new please see attentively the pionts those areas to be brought under irrigation. are being made for reply. This shows the importance of irrigation development to the rural econo- SHRI ARJUN SETHI: My amend- my. But these targets, I am afraid, ments are: cannot be achieved unless irrigation and together with it power are Page 18— line 42,— brought on the Centre's List or least on the Concurrent List. The after “11” insert “17,'” House is aware that the various I f f COMtttntitm XASTIXA IV, iw» (SAKA) l*tW Amat.) BiU 178

States a n having disputes over the SHRI a H. MOHAMET) KOTA: Z flaring d river waters and important have grown wiser after the mishandl- projects aimed at increasing food ing of the population gtihtrol by the production ar« being held up due to State Governments. The incidents at these disputes. The other day I have Muzaffarnagar are well known to in the press that the Kerala Gov- the House. I am for sterilisation ernment has not attended the tribunal without coercion and without com- fflHwftng on the scheduled day on pulsion. It must be made a Central 80-10-76 for hearing the disputes be- subject. tween the Tamil Nadu Government and the Government of Kerala. SHRI O. V. ALAGESAN: Mr. Chairman, you seem to be engaged in what is called a pre-emptive strike. MR. CHAIRMAN: You are a senior Member. I don’t want to stop MR. CHAIRMAN: Which entry do you. For heaven’s sake, don’t go on you want to be included in the Con- dealing with all subjects in the coun- current List? try like river disputes and all that. This amendment is only for the entry SHRI O. V. ALAGESAN: It is which you want to be included. That already there in the list of amend- is all. ments. I want a new Entry 17C m the Concurrent List. It reads as foL- lows: SHRI K. SURYANARAYANA: States like Andhra Pradesh are ex- ‘17C. Inter-State Rivers; irriga- pressing their inability to go ahead tion and water power projects with with major irrigation projects for lack respect to such rivers.’ of funds. Recently in Andhra Pra- desh, the Chief Minister had an- MR. CHAIRMAN: The reasons are nounced that due to lack of funds well known. they could not build the Godavari Barrage whereas it was planned from SHRI K. NARAYANA RAO: Mr. 1885. Recently there was a breach in Chairman, Sir, a new Entry 11A is the old anicut which was construct- sought to be introduced in List IH— ed in 1852 The Central Government Concurrent List—which reads as should give sufficient funds for the follows:— implementation of these projects. All “11 A. Administration of justice; these difficulties will be eliminated constitution and organisation of all if irrigation and power, connected courts, except the Supreme Court with inter-State rivers, are included and the High Courts.’* in the Central or the Concurrent List. Since you are going in a big way for SHRI K. GOPAL (Karur): My the "Tribunals’, I wish that all the amendment speaks about Entry 17C, tribunals should be included and that is, inter-State waterways and associated w ith the administration of irrigation. This is amendment to justice so that that will instil confi- clause 87. I will not give reasons. If dence in the public. we go and tell the people that inter- state disputes have been solved, the tw fa f (srrifhc): people will feel happy and to do this, f-sra fa* vfc&sqw* gifesfe inter-State Waterways should be put in the Concurrent List. That is the fire ft purpose of my amendment, if the ‘TT $ an?*, Minister does not accept the amend- ST* ment, I request him to tell the reasons why he cannot accept it. *19 Constitution v c r m a s m *. \ m c«» a»«.) am

f«fr x m flnrfj Mr ffslvvr^^rr n it f r n 1 «rrftrtt «rer *ftT * p t f*»rc ^ ^ ^ vf f ^i% Pwf g i Sir tf *nwr $ *t *f a * w * r Pfwrr srr 3v?rr | «P7?rr q^»rr 1 w vr«? x*f, ^ & fkm « fK ssif ?rfrr «nvr * m frorar $ i fe? t, w ft w wk t spr «t«! sffdsl *t*tt tprr ^ctf f uppc «jrr ^ «n«Q)r tfterr f i arr^ am ?ro *rf*r^T 'T^TcTT | «fk fWTTT ^ft 5* ^ $ I % $rr sRrawr ??r ^ $*rr, T * «frr <£P SWfrfc W ^ S*K fmr 262 3ft far ?rc$ V*t* % «Tf »flT 12 $ *R * < tf 5W «Tf^r % f^rnrf vt fw i% % f^rtr qrfwrrfe ir m r | i 25«nrIr^pwft'w^w^nft' i vt wr qrw | Qf&a 5r | ?rrt tnprq »r<* % *rc t f m $mx 1 33 wnr (1) vr ^ft vr«n^ft | ,fsp fsr?e W Suit ^Tf'% *rfrr«r % arcsnrr q-»«rr 1 ggvt ^serrgr^ff $ gtnr % wrt 5f tftar 3tt$ 1 t jfraSr * *!# ^rrr g- ffffa ar? W * % ?wrts**p falser to t *rn?» fy *rrr, wq> 262 «Ft f fa ftrcrirr $t a re «TFft % fa«rrcfr *?t w?r ;»ft | 1 5 #»«pt 3fty?rr f w n t 3 ^ sw ^rft ifa n r «ftit ^rr??rr «rr % P r ^r? ? rr^ T ? ¥ frpp fir w , *rr^ *r*ft 'ftfipff tt *rtx to w m r 1 w rr vr? w w r | 1 frnwr «rpft % wmm $ ^3T t o ‘srr^^r | ^ fir^nrr aft ?rfoff *r ar^frr g mi *rs»ff % , *ngr | 5ft ^ un% srwj»T ■fW^^VRST^wr^cTTl ST* TT3JT «w^«rr f¥ k 56 ^t * n 1 s *w t r< $ 3* % ?rc ift *$ # i£* «it^ $vr %^nmr * t sT«ra (1 * w »ft q-r^fV irfw i w V i 5 «ftT n$ aft *i^$r *§ vx a*T2r n 3tt?it f *rr t ^ ^nTfr, wtwjf, «fr «*nf5w r ^ ?r^ % srr* ifsrr *rfww f 1 w fiw 262 % Ptott^t Jos f*rfiw!T %&x *ftzx f?rr¥ (1) ^t «r«?TW«fr fft *w ** A f»r ^ 3f TST*rf ^ mit *ftx frtror 5 ^«fRr w 1 ^ft ifVfw « r 1 S tP r ^ aft »nr«rr f ^ ift & ^ ** .faiwiT ?riVw «r# ^«rr fa * •! WW?Tf i ^«Tt^t wq% f|f« ««pw— f g | CSMMtttutfon XARTtKA 1% 18M (SAKA) (44th Amdt.) BiU 1*.

Arttde M> disuse (1) should be word. Constitution put ‘education* in the •d like this; State list. “FarHameat may by law provide for the settlement (whether by In the United States of America; way of conciliation, arbitration, and in the U.S.S.R. astonishing strides adjudication or otherwise of any have been nffbde in the field of educa- dispute or complaint with respect tion and that has been made possible to the use, distribution, control, because the Federal Government does regulation or development of water not interfere in the administration of {including the water of, or in, any ‘education’ by the State Governments. river valley)” Here, if the Central Government interferes with ‘education4, I am sure «p> ?zt that it will prove to be a stumbling wfh^r 262(l) % !Tf block and a hurdle in the educational growth, acquisition of talent and knowledge. You have to draw the sartor* * reins of a horse in the cart; but you tfh ^ swr# 3*w have to give free reins to a race art f&sjfsro % faaRf horse. Education is a race horse and you cannot afford to put the bridle a w % *ft «rr% i to it. The State Government is the 3 f a t w w w t *r^»rr nearest organisation to assess the fa jprefhj5?l *f>T IT? *$ 3 *r? * titfairs educational needs of the people in <&e State. It should continue to be in f, w"t flT7 smrrc *?'< # i the State sphere. The Central Gov- ernment cannot do everything on this •SHRI S. D. SOMASUNDARAM: earth; the Central Government can- Mr. Chairman, Sir, Clause 57 of this not have everything under their con- Amending Bill seeks to transfer the trol. If this u resorted, then it will subject of ‘education’ from the State retard the progress of education in list to the Concurrent list. I am our country. speaking on my amendment which demands that ‘education* be taken On behalf of All India Anna Dra- back to the State list. vida Munnetra Kazhagam, I object I am at a loss to understand the to this amendment seeking the trans- urgency and the justification for fer of ‘education* from the State list transferring ‘education’ from the to the Concurrent List. I demand State list to the Concurrent List It that ‘education’ should be retained is common knowledge that in the in the State List. Indian suB-continent people of diverse culture, civilisation, tradition SHRI N. SREEKANTAN NAIR and language are living. After Inde- (Quilon): Mr. Chairman, Sir, my pendence, the States have been re- amendment is to take away IMura- organised on th« basis of language tion from the Concurrent list and put and culture. This was done mainly it back in the State list as it originally with the objective of giving the existed. people in the States an opportunity to develop themselves along with Sir, no reason has been adduced the development of their language, for making this change. There has tradition and culture. Keeping this been suggestion that Concurrent list ta mind, the founding lathers of our must be expended but I am deadly

•The original speech was delivered in Tamil. X$3 CoMtftkSon NOVXMQBgat 1, 1876 <*** Amdt) BiU m

[Shri N. Sreeleantan Hair] 485, 4S« iftt 4«7 I K t against any expansion of the Con- v m r j i % w m m $ fa 4«4 current list because it will erode the jra* s r* f i t a v t powers of the State legislature. wt n w fcr $ qShrffe Further Sir, the question of Edu- 487 rrr^r^3: fgr??r if w m ftraT and by a simple majority they can srns 1 ^ ^ frtf impose Hindi on the whole of the country. Apart from this, Sir, Hindi ^ t o w f ^ 5ft *ti, w «ffr w has not developed as much as the ^ fc 1 other languages like Bengali, Tamil, Malayalam, etc. ^ 7^ ?rr^r, w * *ft wpf SHRI M. RAM GOPAL REDDY R n r $T?rar *f t

(Nizamabad): Mr. Chairman, Sir, v ; %?(t srrq spt % f i t rr 1 5 «rt mw* | jjt $ st v t t f[ i sftr # f^jrof ^ ^ ^ 1 MR. CHAIRMAN: You need not $ h t t «pt T Jrn r ^ f»rarr?r ^?rr jf t Impute any motive; you can criticise % 3ft ^f^isT cir % fafaFST any provision as you want. «r?t ^ft qftwpft v f aft ^ SHRI N. SREEKANTAN NAIR: I w t «t t « rr , t o % »t fcr «r^r «rr?ft am not imputing motive to anybody. TTf»rnft?i5?n;T^TfwT 1 ^ r f r r t e r The right to propagate for linguistic «pt ^ ftrf^r v s t «rr t o t autonomy is not granted; that is being taken away. At least education must arwvt«rnrirHfinr%jmf w fc •lot be taken out of the concurrent f^ c rre r 30 ^ frvNr ^ #f list; it should be put back where it belongs. m v t THft ^ t «fVT *yr «rr vt «rr ftw w r^, it w i*r vnr % fut ift vlf w ftitgw fjirr t tft jt ® 484, «rt m fafviw i n N t t | «fa vtort lif e Cofutttutio* KASTZKA 10, 5f»8 (SAKA) (44th Anw».) Bill x8? MR. SPEAKER; I think, as per the q r aft fTnrtt f , * aft programme, it is time for voting. But n tf fr & ** VT *#■ I would suggest if the House agrees, that s in c e we have only two mors f i clauses, we can finish them before we go for voting. Then we will have the qr«Nft ^ rrf^ fa aft $*?# f a s t whole of tomorrow for third reading In the meanwhile I would re- | . 45A. Agriculture, including land quest the Members to be bnef while reforms, agricultural income-tax. discussing their amendments so that within 15 or 20 minutes we can finish these two clauses and then take up v t fin r r i voting. 5 Sff ST^TTT W^cTT g fa TOTS *FT 3f> SHRI JAMBUWANT DHOTE fasfar tpe f , 3*r % n ^ (Nagpur)* I beg to move: t p o

*f w«Wt f ^ r r ^I^TT f fa fTSn SPtTCfl 5T«: ?T JT^trr sfar * f t f *p r % « n ^ i r q^r«r % qi fakirs W T7T ^'r-TT f 5fnr %rTT £ VR WT arfr JT'Tccr oftr ts f* Z r - t q^r ?i^t :pT ^ r r *rm % ftnm % «mrr gt?TT f j wr ^ ^ % ^nr n | i % m i *rfracr 4 t % t t f a r ^>rr “Mr. Khan, however, asserted «n% «rrf f a | f that if a large number of urban land owners in big cities of Amritsar, 5TW5T »lftW ?*T qfnnT f^'h R Ludhiana and Jullundur were 3ft Wl% TT 7| t. ^7 'rfj^lT fcfrPT exempted from the new urban land % 3TTT ?5TT^ 2T5T TT T^tfft WTT ceiling laws, the entire objective of the measure will be defeated*’ f t ft I 'TfT’TTT fswfcw % 3TTT ^*tt^ ^?r jpt wrfar f t ^ ^ «wr *f*TT *TT«T TPjsfT *T7*TTt TT ft7ftti^?r?3iriT3iTT^ti[i i t 5ft *> ^»4ftTO & *RVT* v s m *% KTf, JHR?ft«rr ?rnrr 1 1 crf^rrT f t rw ft ^ F t ?nft t*ft i 3*rarr *rr fw'tapr ffar*r | fft srcftaT f i w T , an? m v t

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3FTT 5TT?9f fts rs rr £,Srfsp«r sft srrerT Ji P fp ^«T9>t ?ft?if«?5 ?nmr ^ i r ^ f^grrf 5 I Tft VT’rm or W ?*j pim *T$ rt f at t ?y»rirfir ^ f¥ & a aft t o *€ ft 5r «rT r ft fc ^rnft ipTfil^ ipif»a v t ?«T% % 7Tf# * w , * fop v r a m r , | sf | fft ?r>ff sp't *rm ra t wt «rr^ m ^t ?r*r ?% VIWT «r , ^ft»ff v t « t ^ 3T51^!r 6 5S «Tf?T 7% f I WTSn % qfr^TT fqrfto-^ sfft $'f^Tqr ift3.*5Tr spt f^T fosrTT spTnr ZfT VGft I fo WT «ft*ft '7T «rn 5i'if i %frsr ?r t «rn7% fPT ?r

5*T «F$% ? ftp «^ipt ^TT *FT% ?7nr9f ^ftosrTfounTo, fir^fer tyre W 3 T T T ?R f a J T f a «P n T = S T I^ £ srrfe fs;?ft «ft 1 1 ^ '\ t ^ n r W$T *TTf# f?r% 3tct srd^f ^ i Tp I t f t 7 t f W t % ??r«T 3 ft 3 ^ ? f t f»?r^ 3WT ^rnft urfaff «nn t | | *rtr i f t wr ?% f I tftff spt W *t to «rr»fr ^ft % «r?r x rc 'rfT^TT fiwtsr^ t* sifft **t =fhp f t iftVT fiWT ^5 XTT% ?ft¥ ¥T?fRT ^ if^ t, fW ^ W^T v«f tfhr w? mx w «nt?R- ?r wfiwnr * &

• WWW wrm | % mr my mutual consultation between the rw t «PT«!R i^ farc Jr Ttf i atft rival parties. And in some respects, there is some hope that we are mak- im ife tftr qrfOTTiR: &r srr^ Sr w p ing progress, because some agree- VTT *T*?ft 1 1 V* !TTff?nr ^PWWff «TT ments have also been arrived at. In these respects, therefore, it is not w fh r snstft ?rcf f t fs fa it Jnnrwnr necessary, in my view, to gb ahead | fa VTtft TT«TV^e fa*£ 5r T5TT with these subjects being included m the Concurrent List at this stage. If at any stage later on, we think that tft tjsr *w *m : WT5T *TftW, the States can be brought round to ms# tft $*r& ftf?s Sf ott ^ the view that they should be brought tft Sr fw , under the Concurrent List, it is always open to us to consider this frfa* m ftftar tft tfte fair, sarfip matter. Therefore, not because tfie ^ t p i

[Shri H. I t Gokhale] the amendments has been move#* We now come to Clause 59. 'will not include libraries. Then why not hostels? We could have every- Clause 89—(Potoer of the President thing included in this Concurrent to remove difficulties.) List Now, Education, and everything pertaining to the question of SHRI SHANKERRAO SAVANT: I Education is deemed to be included beg to move: in the liat under the entry Educa- Page 20,—• tion. I have already mentioned agriculture, electricity and water re- after line 28, insert— sources. “Provided further that any order promulgated by the Presi- SHRI INDRAJIT GUPTA: The dent adapting or modifying any Swaran Singh Committee has re- provision of the Constitution commended that Agriculture be put under clause (1) above shall not in the Concurrent List. My colleague be construed as an amendment of wanted to know why it was with- the Constitution under article draw later on. (Interruption). 368 and shall not be called in question in any court.” (99) SHRI H. R. GOKHALE: The Swaran Singh Committee recom- SHRI HARI KISHORE SINGH: I mended it because they rightly re- beg to move: garded, as some of us feel, that Agri- culture is an important subject. Page 20,— Obviously they did not intend that for clause 59 substitute— anything in these matters will come to the Concurrent List by way of im- “59. (1) The President may, by position on the States. They also order, make such provisions, in- contemplated that by their suggestion, cluding any adaptation or modifi- there will be a greater consultation cations of any provision of the with the States; and if possible, Agri- Constitution, as appear to him culture also considered. It could not to be necessary or expedient for mean that you should do it without the purpose of removing the diffi- the States being consulted. culty. SHRI FRIYA RANJAN DAS (2) Parliament may make such MUNSI: Historical monuments, laws and provisions, including archaeological achievements and such adaptations or modifications hidden treasures are factors more re- of any provision of the Constitu- levant to the whole country now. tion as 'nay become necessary for How can we keep them in the State the purpose of removing difficulty List now, if we keep Education in or difficulties.” (203) the Concurrent List? Page 20,— SHRI H. R. GOKHALE: I think we omit lines 27 and 28. (204) can consider this at the appropriate Page 20,__ time. omit lines 29 and 80. (205) MR. SPEAKER: Now discussion on clause 87 has concluded. We take SHRI INDRAJIT GUPTA (Alipon): up clause 58. There are two amend- I beg to move: ments. There are no Government Page 20, lines 28 to 26,— amendments. Shri S. N. Misra is not present; and Shri Shankar Dayal fo r “the President may by ordar, 33ingh Is also not present. So, none of make such provisidns, including a>y 193 Constitution KARTIKA 10, 1898 (SAKA) (44th Amdt.) Bill 194

adaptation or modification of any SHRI M. C. DAGA: I beg to move: ( provision of the Constitution, as appear to him to, be necessary or Page 20, expedient for the purpose of re- for lines 19 to 26, substittLte- moving the difficulty." "59. (1) If any difficulty arises substitute:~ in giving effect to the provisions of the Constitution as amended "Parliament may make such pro- by this Act (including any diffi- visions, including any adaptation or culty in relation to the transition modification of any provision of the from the provisions of the Cons- Constitution as appear to be neces- titution as they stood immedi- sary for the expedient purpose of ately before the date of the removing the difficulty." (488) President's assent to this Act to the provisions of the Constitution SHRI K. MAYATHEVAR: I beg to as amended by this Act) Parlia- move:- ment may by resolution or law Page 20,_ make such provisions including any adaptation or modification of for clause 59, substitute- any provision of the Constitution "59. If any difficulty arises in as appear necessary or expedient giving effect to the provisions of for purpose or removing the the Constitution as amended by difficulty." (609) this Act, Parliament may make suitable Iegislations for the pur- SHRI RAM CHANDRA VIKA' pose of removing the difficulty." (Baghpat}: I 'beg to move: ('543) Page 20,- PROF. S. L. SAKSENA: I beg to for lines 29 and 30" substitute- move: "(2) Every order made under clause (1) shall, -after'it is made, Page 20, line 27,-. be laid before each House of f01· "two years" substitute "three Parliament and shall be got ap- months" (569) proved by each, House and in case it is modified by the House, It SHRI SHANKAR DAYAL SINGH: shall come into force with such I beg to move: modifications." (626) Page 20, line 29,- Page 20 line 30,-

for "as SOOnas may be" substitute add at the end- "within six months" (570) "and got approved by a simp.e majority" ('627) SHRI PRIYA RANJAN DAS MUNSI:-I beg to move: SHRI O. V. ALAGESAN: I beg to move: Page 20,- Page 20,- for lines 29 and 30, substitute- f01· Clause 59, substitute- "(2) Every order made under "59. If any difficulty arises in sub-section (1) shall, within 3 giving affect to the provisions of months of such order be placed the Constitution as amended by before both Houses of Parliament this Act (including any difficulty and must be approved by a in relation to the 'transition from simple majority." (589) the provisions of the Constitution . 195 Constitution NOVEMBER 1, 1976 (44th Amdt.) BiU f t*

[Shri O. V. Alagesan] ft * n o t * ftaf f^pr as they stood immediately before **t fttsqfaro # 'FRflirr the date of the President’s assent to this Act to the provisions ol the Constitution as amended by fafoffoTq % ^fevhr f*rfK ^ i this Act) Parliament may by *m m arm % “xn^W ' % sfwr law make such provisions, including adaptation or modifica- TWftfT «it%, ^ % tion of any provision of the Cons- ?t wt % % «rnr»F % w inr titution. as appear necessary or star w tr aft *n$*for ?mr expedient for the purpose of re- srfW g«ff ?>fV I moving the dicculty.” (633) SHRI ANNASAHEB GOTKHINDE: MR. SPEAKER: I think hon. I beg to move: Members can talk on this during the third reading because this is a general Page 20, line 27,— clause. for “two years” substitute “one year” (648) PROF. S. L. SAKSENA: This clause has attracted international at- SHRI BISWANARAYAN SHAS- tention Shri Gokhale was hard put TRI (Lakhimpur) I beg to move: to answer the questions raised by critics in USA and Britain The Page 20, line 30.— clause, as it stands reads: add at the end— “If any difficulty arises in giving “within a period of six months” effect to the provisions of the • (850) Constitution as amended by this Act \ (including any difficulty in relation flvraf# tw (wttft) : %mtif to the transition from the provisions of the Constitution as they sa *r stotft ftarr stood immediately before the date »w t $: “Tuyrfir, snfcr i k t , of the President’s assent to this Act fsrcr% sRrfa g ftvH to the provisions of the Constitution as amended by this Act), the fjRfy wspsr *r m fw ? r President may, by order, make such v f e n f v t % provisions including any adaptation % f?rcj vi w k m wtfrffr »■ or modification of any provision of the Constitution as appear to him !prnft w h n r t f t to be necessary or expedient for «TT $ SIS? TO the purpose of removing the difficulty: ^ swsr sr%rft s r p t s vfwemT % fotft wrr *tt Provided that no such order shall *rY sft srf be made after the expiry of two years from the dale of such as- ^ SpftaRT % fair sent.” i There is no reason for the removal of o t ^ m t m f a t e tit ?nr difficulties taking such a long time. What I have said in my amendment is WTJft | ft? sro swt «ft that the period should be “three i months" instead of "two years”. I f«% vr* vm vtm if think three months would be quite enough to overcome such difficulties. « w f t t err* ^ We should not give such a long time X£7 um nm niP ii K A ITIX A 10, 1898 (SAKA) (44th Amdt.) Bill 198 to tb* ffrmideat to amend the Cons- SHRI JAMBUWANT DHOTE: t titu to r tor removing difficulties. The beg to move:— period gbouig be much shorter, say, three months. Page 1,— in the Long title— SHRI H. R. GOKHALE: 1 bave already spoken before with "egard to the real scope of Clause 50 of the Bill. for “Constitution of India” substi- I have stated that the power given to tute— the President is not the power to “Bharat Ka Sanvidhan” (401). make any substantive amendment to the Constitution. As the clause itself mentions, it ia with a view to giving waisr wra mrjRimfWf effect to the provisions of the Consti- tution. % m era? fpira ¥t, $*wt tot i srn*T?ft % Moreover, the general criticism s s t f t ?r ^ which has been made is misplaced, that it will be utilised by the executive srtr JfifR 3R3T % *riN snriFnr- to amend such things which do not JTTfoff ?pt ft S T , come within this clause. That is mis- fcn «t srrarre f w i wbr placed because the clause does not permit any such amendment which is ^ srr*#, that it will be regarded as an amendment under article 368 is also misplac- f«??rr t i t > ed. This is obviously not an amend- « rrr afVi ment under article 368.

MR. SPEAKER: The discussion on ?ft fer> «&t fcssft ?r Giause 59 is over. %5$V * 3 1 ^ aft *135 $ 3ft Clause 1—(Short title and Commence- 5SJTT5T % STS* «1$ ment). 11 gmTT | tftr *t k ffe n aft

SHRI H. R. GOKHALE: I be* to scr'iNff ir * t ?p t ^ i ^f^TT love:— sfTt ^ ^ Page 1, lines 3 and 4,— f?PFT?r wrr ^ i ^ C T ^T’T *rra> ^ fe r c *Ft for “(Forty-fourth Amendment)”, any? w a ft if §t «TR5r wrr fffasrpr ubstttute— gn? 3 t r vtfx *r|t % rr tftftarc % “Forty-second Amendment)” (548).

Enacting Formula SHRI H. R. GOKHALE: The present MR. SPEAKER: There is no amen .i - title is adequate and, according to me. lent. there is no need to change it. 199 Constitution NOVEMBER 1, 1976 (44th Arndt.) BUI l^Jtas. There is ofte amendment which has been moved to clause 18, namely MR. SPEAKER: Now, before we amendment No. 8 by Shri Bibhutl take up voting on the Clauses, I may Mishra, which I shall put to vote first. inform the House that I find that out Amendment No. 8 was put and nega- of 59 clauses of the Bill, 11 clauses, tived. namely clauses 2 to 12 have already been voted upon and disposed of. That MR. SPEAKER: I shall now put leaves 48 clauses to be nut to vote. There may be division on some amend- Clauses 13, 14, 15 and 16, together to the vote of the House ... ments also. Therefore, in view of the very large number of divisions SHRI P. G. MAVALANKAR involved, I propose to put the clauses (Ahmedabad): Let clause 13 be put together to the vote of the House in separately. accordance with Rule 155. If any hon. Member wantg any particular clause MR. SPEAKER: Mr. Mavalankar, I or clauses to be put separately, I shall think, you are the only person against. put that separately. Amendments to Why press it? Your negative vote individual clauses will, of course, be will be recorded___ disposed of as usual before the concerned clauses are put to vote. SHRI P. G. MAVALANKAR: I do not mind. You can do so. SOME HON. MEMERS: Yes, yes. MR. SPEAKER; I shall now put MR. SPEAKER: So, on this under* Clauses 13, 14, 15 and 16, together to standing, we shall proceed with the the vote of the House... voting. SHRI P. G. MAVALANKAR: Having said ‘no’ to Clause 13, have do I vote Clause 13 for the remaining Clauses? I will MR. SPEAKER: Now, let me put have this difficulty if you put all the the amendments to clause 13 first to Clauses together. There are several the vote of the House. Clauses on which I want to record my dissenting vote. There is no Government amendment MR SPEAKER- Yes, you have given to this clause. So, I shall put all the a list. On Clauses 13, 17, 20, 23, 38, amendments to clause 13 together to 43, 48, 50, 55 and 59, you want to give the vote of the House. your dissenting vote. The way out in Amendments Nos. 207, 255, 338 and such a situation is this. On all these Clauses, your negative vote will be re- 388. were put and negatived. corded On the others, you can vote as you like in the division. Clause 14 PROF. S. L. SAKSENA rose— MR. SPEAKER: There are no Gov- ernment amendments to clause 14. MR. SPEAKER- Wherever you want So, I shall put all the amendmenis to your special vote to be recorded, you this clause together to vote. can tell me; it will be recorded ac- cordingly. Amendments Nos. 85, 324 and 461 were put and negatived. PROF. S L. SAKSENA: I am opposing all the Clauses. Clause 16 MR. SPEAKER: I shall now put MR. SPEAKER: There are no Clauses 13, 14, 15 and 16, together to amendments moved to clause 15. the vote of the House. 201 Constitution KARTQtA Id, 1888 (SAKA) (44th Amdt.) Bill 202 r The question U: Bhuvarahan, Shri G. Bist, Shri Narendra Singh “That Clauses IS. 14, 15 and 16 stand pert of the Bill". Brahmanandji, Shri Swami Brij Raj Singh—Kotah, Shri The Lok Sabha divided: Buta Singh, Shri Chakleshwar Singh, Shri Division No. 17] Chandra Gowda, Shri D. B. AYES Chandra Shekhar Singh, Shri Chandrakar, Shri Chandulal Achal Singh, Shri Chandrappan, Shri C. K. Aga, Shri Sved Ahmed Chandrashekharappa Veerabasappa, Agrawal, Shri Shrikrishna Shri T. V. Ahirwar, Shri Nathu Ram Chandrika Prasad, Shri Alagesan, Shri O. V. Chaturvedi, Shri Rohan Lai Ambesh, Shri Chaudhari, Shri Amarsinh Anand Singh, Shri Chaudhary, Shri Nitiraj Singh Ankineedu, Shri Maganti Chavan, Shrimati Premalabal Ansari, Shri Ziaur Rahman Chavan, Shri Yeshwantrao Appalanaidu, Shri Chellachami, Shri A. M. Arvind Netam, Shri Chhotey Lai, Shri Austin, Dr. Henry Chhutlen Lai, Shri Awdhesh Chandra Singh, Shn Chikkalingaiah, Shri K. Azad, Shri Bhagwat Jha Choudhary, Shri B- E. Aziz Imam, Shri Daga, Shri M. C. Babunath Singh, Shri Dalbir Singh, Shri Bajpai, Shri Vidya Dhar Dalip Singh, Shri Balakrishniah, Shri T. Darbara Singh, Shri Banamali Babu, Shri Das, Shri Anadi Charan Banera, Shri Ilamendra Singh Das, Shri Dhamidhar Banerjee, Shri S. M. Dasappa, Shri Tulsidas Banerjee, Shrimati Mukul Daschowdhury, Shri B. K. Barman, Shri R. N. Deo, Shri P. K. Barua, Shri Bedabrata Deo, Shri R. R. Singh Barupal, Shri Panna Lai Deo, Shri S. N. Singh Basappa, Shri K. Desai, Shri D. D. Basumatari, Shri D. Deshmukh, Shri K. G. Besra, Shri S. C. Deshmukh, Shri Shivaji Rao S. Bhagat, Shri H. K. L. Deshpande, Shrimati Roza Bhargava, Shri Basheshwar Nath Dhamankar, Shri Bhargavi Thankappan, Shrimati Dharamgaj Singh, Shn Bhatia, Shri Raghunandan Lai filial Ig.-aUii Mulnm Bhattacharyyia, Shri Chapalendu Dhillon, Dr. G. S. Bhaura, Shri B- S. Dhusia, Shri Anant Prasad Bheeshmadev, Shri M. Dinesh Singh, Shri *> 3 Constitution NOVEMBW 1, 19TB (4ttfc Amd t) BUi X(>4

Dixit, Shri G. C. Jhunjhunwala, Shri BUtnNttUh Dixit, Shri Jagdish Chandra Jitendra Prasad, Shri Dube, shri J. P. Joshi, Shri Popatlal M. Dumada, Shri L. K. \ Joshi, Shrimati Subhadra Dwivedi, Shri Nageahwar Kadam, Shri Dattajirao Eogti, Shri Biren Kadam, Shri J. G. Kadannappalli, Shri Ramachandran Gaekwad, Shri Fatesin'ghrao Kader, Shri S. A. Gandhi, Shrimati Indira Kahandole, Shri Z. M. Ganesh, Shri K. R. Kailas, Dr. Gang a Devi, Shrimati Kakodkar, Shri Purushottam Gangadeb, Shri P. Kakoti, Shri Robin Gautam, Shri C. D. Kalmgarayar, Shri Mohanraj Gavit, Shri T. H. Kalyattasundaram, Shri At. George, Shri A. C. Ghosh, Shri P. K. Kamakshaiah, Shri D. Gill, Shri Mohinder Singh Kamala Prasad, Shri Giri, Shri V. Shanker Kamble, Shri N. S- Godara, Shri Mani Ram Kamble, Shri T. D. Godfrey, Shrimati M. Karan Singh, Dr. Gogoi, Shri Tarun Kathamuthu, Shri M. Gokhale, Shri H. R. Kaul Shrimati Sheila Gomango, Shri Giridhar Kavde, Shri B. R. Gopal, Shri K. Kedar Nath Singh, Shri Goswami, Shri Dinesh Chandra Khadilkar, Shri R. K. Gotkhinde, Shri Annasaheb Khan. Shn I. H. Gowda, Shri Pampan Kinder Lai. Shri Gupta, Shri Indrajit Kisku, Shri A. K. Kotoki. Shri Liladhar Hansda, Shri Subodh Kotrashetti, Shri A. K. Hanumanthaiya, Shri K. Koya, Shri C. H. Mohamed Hari Kishore Singh, Shri Krishna Kumari, Shrimati Hari Singh, Shri Krishnan, Shri G. Y. Hashim, Shri M. M. Krishnan, Shrimati Parvathi Ishaque, Shri A. K. M. Krishnappa, Shri M. V. Jadeja, Shri D. P. Kulkarni, Shri Raja Jaffer Sharief, Shri C. K. Kureel. Shri B. N. Jagjivun Ram, Shri Lakkappa, Shri K. Jamilurrahman, Shri Md. Lakshminarayanan, Shri M. R- Janardh&nan, Shri C. Lambodar Baliyar, Shri Jeyalakshmi, Shrimati V. Laskar, Shri Nihar Jha, Shri Bbogendra Lutfal Haaue, Shri Jha, Shri Chiranjib ‘Madhukar’, Shri K. M. Jharkhra te Rai, Shri Mahajan, Shri Vikram 9Q5 Constitution KARTIKA 10, 189$ (SAKA) (44th Amdt.) Bill l lM n u Shri Y. 6. Pandey, Shri Damodar Maharaj Singh, Shri Pandey, Shri Krishna Chandra Mahiahi, Dr. Sarojini Pandey, Shri Narsingh Narain Majhi, Shri Gajadhar Pandey, Shri R. S. Majhi, Shri Kumar Pandey, Shri Sarjoo Malaviya, Shri K. D. Pandey, Shri Sudhakar Malhotra, Shri Inder J. Pandey, Shri Tarkeshwar Mall anna, Shri K. Pandit, Shri S. T. Mallikarjun, Shri Panigrahi, Sbri Chintamam Mandal, Shri Jagdish Narain Pant, Shri K. C. Mandal, Shri Yamuna Prasad Paokai Haokip, Shri Manhar, Shri Bhagatram Parashar, Prof. Narain Chand Manjhi, Shri Bhola Parikh, Shri Rasik Lai Maurya, Shri B. P. Parthasarathy, Shri P. Mehta, Dr. Mahipatray Paswan, Shri Ram Bhagat Melkote, Dr. G. S. Patel, Shri Arvind M. Mirdha, Shri Nathu Ram Patel, Shri Natwarlal Mishra, Shri Bibhuti Patel, Shri Prabhudas Mishra, shri G. S. Patel. Shri R. R. Mishra, Shri Jagannath Patil, Shri Anantrao Modi, Shri Shrlkishan Patil, Shri C. A. Mohan Swarup, Shn Patil, Shri E. V. Vikhe Mohapatra, Shri Shyam Sunder Patil, Shri Krishnarao Mohsin, Shri F. K. Patil, Shri S. B. Muhammed Sheriff, Shri Patil, Shri T. A. Mukerjee, Shri H. N. Patnaik, Shn Banamali Munsi, Shn Priya Ran j an Das Patnaik, Shri J. B. Murtnu, Shri Yogesh Chandra Peje, Shn S- L. Murthy, Shn B. S. Pradhan, Shri Dhan Shah Muruganantham, Shri S. A. Pradhani, Shri K. Nahata, Shri Amrit Purty, Shri M. S. Nalk. Shri B. V. Qureshi, Shri Mohd. Shall Nair, Shri Sreekantan Raghu Ramaiah, Shri K. Nanda, Shri G. L. Rai, Shri S. K. Nayak, Shri Baksi Rai, Shrimati Sahodrabai Raj Bahadur, Shri Negi, shri Pratap Singh Rajdeo Singh, Shri Nimbalkar, Shri Raju, Shri M. T. Oraon, Shri Tuna Raju, Shri P. V. G. Pahadia, Shri Jagannath Ram, Shri Tulmohan Ram Dayal, Shri Painuli, Shri Paripootnanand Ram Sewak, Ch. Palodkar, Shri Manlkrao Ram Singh Bhai, Shri Panda, Shri D. K. Ram Surat Prasad, Sbri 2 0 7 Constitution NOVEMBER 1, 1976 (44th Amdt.) Bill

Ram Swarup, Shri Satyanarayana, sbri B. Ramji Ram, Shri Savant, Shri Shankerrao Ramshekhar Prasad Singh, Shri Savitri Shyam, Shrimati Ranabahadur Singh, Shri Sayeed, Shri P. M. Rao, Shrimati B. Radhabai A. Scindia, Shri Madhavrao Rao, Shri J. Rameshwar Sen, Shri A. K. Rao, Shri Jagannath Sen, Dr. Ranen Rao, Dr. L. Sethi. Shri Arjun Rao, Shri K. Narayana Shafquat Jung, Shri Rao, Shri M. S. Sanjeevi Shahnawaz Khan, Shri Rao, Shri M. Satyanarayan Shailani, Shri Chandra Rao, Shri Nageswara Shambhu Nath, Shri Rao, Shri P. Ankineedu Pra£ada Shankar Dayal Singh, Shri Rao, Shri Pattabhi Rama Shankaranand, Shri B. Rao, Shri Rajagopala Sharma, Shri A. P. Rao, Dr. V. K. R. Varadaraja Sharma, Dr. H. P. Rathia, Shri Umed Singh Sharma, Shri Madhoram Raut, Shri Bhola Sharma, Shri Nawal Kishore Ravi. Shri Vayalar Sharma, Dr. Shankar Dayal Ray, Shrimati Maya Shastri, Shri Biswanaxayan Reddy, Shri K. Kodanda Rami Shastri, Shri Ramavatar Reddy, Shri K. Ramakrishna Shastri, Shri Sheopujan Reddy, Shri M. Ram Gopal Shenoy, Shri P. R. Reddy, Shri P. Bayapa Shetty, Shri K. K. Reddy, Shri P. Ganga Shinde, Shn Annasaheb P. Reddy, Shri P. Narasimba Shivappa, Shri N. Reddy, Shri P. V. Shivnath Singh, Shri Reddy, Shri Sidram Shukla, Shri B. R. Reddy, Shri Y. Eswara Shukla, Shri Vidya Charan Richhariya, Dr. Govind Das Rohatgi, Shrimati Sushila Siddayya, Shri S. M. Roy, Shri Bishwanath Siddheshwar Prasad, Prof. Rudra Pratap Singh, Dr. Singh, Shri Vishwanath Pratap Saini, Shri Mulki Raj Sinha, Shri Dharam Bir Salve, Shri N. K. P. Sinha, Shn Nawal Kishor Samanta, Shri S. C- Sinha. Shri R. K. Sambhali. Kiri Ishaque Sohan Lai. Shri T. Sanghi, Shri N. K. Sokhi, Sardar Swaran Singh Sangliana, Shri Stephen, Shri C. M. Sankata Prasad, Dr. Subramaniam, Shri C. Sant Bux Singh, Shri Sudarsanam, Shri M. Sarkar, Shri Sakti Kumar Sunder Lai, Shri Satish Chandra, Shri Surendra Pal Singh, Sbri Satpathf, Shri Devendra Suryanarayana, Shri K. 309 CongtteOhm KARTIKA 10, 1898 iSAKA) (44th Amdt.) Bill 2 10

Swaminathan, shri R. V. thirds of the Members present and Swamy, Shri Sidrameshwar voting. Swaran Singh, Shri The motion was adopted. Tayyab Husain, Shri Clauses 13 to 16 were added to the Bill. Tewari, Shri Shankar Thakre, Shri S. B. danse 17 Thakur, Shri Krishnarao MR. SPEAKER; I shall put amendment No. 652 moved by Shri H. R. Tiwary, Shri D. N. Gokhale to the vote of the House. Tombi Singh, Shri N. The question is: , Tula Ram, Shri Tulsiram, Shri V. “page 5,— Uikey, Shri M. G. /or lines 37 to 39, substitute— Ulaganambi, Shri R. P. (2) The amendments made by Vekaria, Shri sub-section (1) to clause (2) of article 83 shall apply also to the Venkatasubbaiah, Shri P. House of the People in existence Venkatswamy, Shri G. on the date of coming into force Verma, Shri Balgovind of this section without prejudice to the power of Parliament with Verma, Shri Sukhdeo Prasad respect to the extension of the Vidyalankar, Shri Amamath duration of that House under the Vijya Pal Singh, Shri proviso to that clause” (652) Vikal, Shri Ram Chandra Those in favour may say ‘ayes’; those Yadav, Shri Chandrajit against may say noes. Yadav, Shri D. P. SOME HON. MEMBERS: Ayes. Yadav, Shri Karan Singh PROF. S. L. SAKSENA: No. Yadav, Shri N. P. MR. SPEAKER; The ayes have it; the ayes have it; the motion is adopted. Yadav, Shri R. P. The motion was adopted. NOES MR. SPEAKER: 1 shall now put MR. SPEAKER- The result* of the amendment No. 462 moved by Shri S. M Banerjee to the vote of the Division is as follows: — House. Ayes: 361 The question Is: Noes: Nil “Page 5,— /or clause 17, substitute— The motion is carried by a majority ol the total membership of the House 17. In article 83 of the Consti- and by a majority of not less than two- tution, for clause (2) the follow-

*(1) The result of this division is applicable to each of the Clauses 13, 14, 15 and 16 separately. (ii) The following members also recorded their votes. AYES: Sarvashri Kartlk Oraon, V. B. Tarodekar, Kushok Bakula, R. G. Tewari, Ram Prakash, Shashi Bhushan and Uenda Singh; NOES: Prof. S. L. Saksena. (lii) Shri P. G. Mavalankar recorded his vote for NOES in respect of clause IS. 211 Constitution NOVEMBER I, 1978 (44th Amdt) WU

[Mr. Speaker] Reddy, Shri Y. Eswara ing shall be substituted, name- Sambhali, Shri Ishaque ly :- Sen, Dr. Ranen (2) The House of the Peo- Shastri, Shri Ramavatar ple, unless sooner dissolved, Vijay Pal Singh, Shri shall continue for a period of not less than five years from N<>ES the date appointed for its first meeting an

•Wrongly voted for AYES. *t* CoMtttotton KfcRTI&A 10, ISM (SAKA) (44th Arndt.) Bill

Brahman andji, Sbri Swami Dwivedi, Shri Nageakwar Btij Raj Singh—Kotah, Shri Engti, Shri Biren Buta Singh, Shri Gaekwad, Shri Fatesinghraa Chaklechwar Singh, Shri Gandhi, Shrimati Indira Chandra Gowda, Shri D. B. Ganesh, Shri K. R. Chandrakar, Shri Chandulal Ganga Devi, Shrimati Chandrashekharappa Veertbasappa, Gangadeb, Shri P. Shri T. V. Gautam, Shri C. D. Chandrika Prasad, Shri Gavit, Shri T. H. Chaturvedi, Shri Rohan Lai George, Shri A. C. Chaudhari, Shri Amarsinh Ghosh, Shri P. K. Chaudhary, Shri Nitiraj Singh Gill, Shri Mohinder Singh; Chavan, Shrimati Premalabai Giri, Shri V. Shanker Chavan, Shrj Yeshwantrao Godara, Shri Mani Ram Chellachami, Shri A. M. Godfrey, Shrimati M. Chhotey Lai, Shri Gogoi, Shri Tarun Chhutten Lai, Shri Gokhale, Shri fi. R. Chikkalingaiah, Shri K. Gomango, Shri Giridhar Choudhary, Shri B. E. Gopal, Shri K. Daga, Shri M. C. Goswami, Shri Dinesh Chandra* Dalbir Singh, Shri Gotkhinde, Shri Annasaheb Dalip Singh, Shri Gowda, Shri Pampan Darbara Singh, Shri Das, Shri Anadi Charan Hansda, Shri Subodh Das, Shn Dharnidhar Hanumanthaiya, Shri K. Dasappa. Shri Tulsidas Hari Kishore Singh, Shri> Daschowdhury, Shri B. K. Hari Singh. Shri Deo, Shri P. K. Hashim, Shri M. M. Deo, Shri R. R. Singh Deo, Shri S. N. Singh Ishaque, Shri A. K. M. Desai, Shri D. D. Deshmukh, Shri K. U. Jadeja, Shri D. P. Deshmukh, Shri Shivaji Rao S. Jaffer Sharief, Shri C. K. Dhamankar, Shri Jagjivan Ram, Shri Dharamgaj Singh, Shri Jamilurrahman, Shri Md. Dhillon, Dr. G. S. Jeyalakshmi, Shrimati V. Dhusia, Shri Anant Prasad Jha, Shri Chiranjib Dinesh Singh, Shri Jhunjhunwala, Shri Bishwanatt Dixit, Shri G. C. Jitendra Prasad, Shri Dixit, Shri Jagdish Chandra Joseph, Shri M. M. Dube, Shri J. P. Joshi, Shri Popatlal M. Dumada, Shri L. K. Joshi, Shrimati Subhadra 315 Constitution NOVEMBER 1, 1976 (44th Amdt.) Bill

Kadam, Shri Dattajirao Malhotra, Shri Inder J. Kadam, Shri J. G. Mallanna, Shri K. Kadannappalli, Shri Ramachandran Mallikarjun, Shri Kader, Shri S. A. Mandal, Shri Jagdish Narain Kahandole, Shri Z. M. Mandal, Shri Yamuna Prasad Kailas, Dr. Manhar, Shri Bhagatram Kakodkar, Shri Purushottam Maurya, Shri B. P. Kakoti, Shri Robin Mehta, Dr. Mahipatray Kalingarayar, Shri Mohanraj Melkote, Dr. G. S. Kamakshaiah, Shri D. Mirdha, Shri Nathu Ram Mishra. Shri Bibhuti Kamala Prasad, Shri Mishra, Shri G. S. Kamble, Shri T. D. Modi, Shri Shrikishan Karan Singh, Dr. Mohan Swarup, Shri Kaul, Shrimati Sheila Mohapatra, Shri Shyam Sunder Kavde, Shri B. R. Mohsin, Shri F. H. Kedar Nath Singh, Shri Munsi, Shri Priya Ranjan Das Xhadilkar, Shri R. K. Murmu, Shri Yogesh Chandra Khan, Shri I. H. Murthy, Shri B. S. Kinder Lai, Shri Xisku, Shri A. K. Nahata, Shri Amrit Kotoki, Shri Liladhar Naik, Shri B. V. Kotrashetti, Shri A. K. Nanda, Shri G. L. Koya, Shri C. H. Mohamed Nayak, Shri Baksi Krishna Kumari, Shrimati Negi, Shri Pratap Singh Krishnan, Shri G. Y. Nimbalkar, Shri Krishnappa, Shri M. V. Oraon, Shri Kartik Kulkarnf, Shri Raja Oraon, Shri Tuna Kureel, Shri B. N. Pahadia, Shri Jagannath Xushok Bakula, Shri Painuli, Shri Paripoomanand Lakkappa, Shri K. Palodkar, Shri Manikrao Lakshminarayanan, Shri M. R. Pandey, Shri Damodar Lambodar Baliyar, Shri Pandey. Shri Krishna Chandra Laskar, Shri Nihar Pandey, Shri Narsingh Narain Lutfal Haque, Shri Pandey. Shri R. S. t Pandey, Shri Sudhakar Mahajan, Shri Vikram Pandey, Shri Tarkeshwar Mahajan, Shri Y. S. Pandit. Shri S. T. MaharaJ Singh, Shri Panigrahi, Shri Chintamani Mahishi, Dr. Sarojini Pant, Shri K. C. Majhi, Shri Gajadhar Paokai Haokip, Shri Majhi, Shri Kumar Parashar, Prof. Narain Chand Malaviy*, Shri K. D. Parikh, Shri Rasiklal 2X7 Constitution KARTIKA 10, 1898 (SAKA) (44th Amdt.) BiU 2 I&

Parthasarathy, Shri P. Rao, Shri P. Ankineedu Prasada Paswan, Shri Ram Bhagat Rao, Shri Pattabhi Rama Patel, Shri Arvind M. Rao, Shri Rajagopala Patel, Shri Natwarlal Rao, Dr. V. K. R. Varadaraja Patel, Shri Prabhudas Rathia, Shri Umed Singh Patel, Shri R. R. Raut, Shri Bhola Patil, Shri Anantrao Ravi, Shri Vayalar Patil, Shri C. A. Ray, Shrimati Maya Patil, Shri Krishnarao Reddy, Shri K. Kodanda Rami Patil, Shri S. B. Reddy, Shri K. Ramakrishna Patil, Shri T. A. Reddy, Shri M. Ram Gopal Patnaik, Shri Banamali Reddy, Shri P. Bayapa Patnaik, Shri J. B. Reddy, Shri P. Ganga Peje, Shri S. L. Reddy, Shri P. Narasimha Pradhan, Shri Dhan Shah Reddy, Shri P. V. Pradhani, Shri K. Reddy, Shri Sidram Purty, Shri M. S. Richhariya, Dr. Govind Das Qureshi, Shri Mohd. Shaft Rohatgi, Shrimati Sushila Roy, Shri Bishwanath Raghu Ramaiah, Shri K. Rudra Pratap Singh, Dr. Rai, Shri S. K. Rai, Shrimati Sahodrabai Saini, Shri Mulki Raj Raj Bahadur, Shri Salve, Shri N. K. P. Rajdeo Singh, Shri Samanta, Shri S. C. Raju, Shri M. T. Sanghi, Shri N. K. Raju, Shri P. V. G. Sangliana, Shri Ram, Shri Tulmohan Sankata Prasad, Dr. Ram Dayal. Shri Sant Bux Singh, Shri Ram Prakash, Shri Sarkar, Shri Sakli Kumar Ram Sewak, Ch. Satish Chandra, Shri Ram Singh Bhai. Shri Satpathy, Shri Devendra Ram Surat Prasad, Shri Satyanarayana, Shri B. Ram Swarup, Shri Savant, Shri Shankerrao Ramji Ram, Shri Savitri Shyam, Shrimati Ramshekhar Prasad Singh, Shri Sayeed, Shri P. M. Ranabahadur Singh, Shri Scindia, Shri Madhavrao Rao, Shrimati B. Radhabai A. Sen, Shri A. K. Rao, Shri J. Rameshwar Sethi, Shri Arjun Rao, Shri Jagannath Shafee, Shri A. Rao, Dr. K. L. Shafquat Jung, Shri Rao, Shri K. Narayana Shahnawaz Khan, Shri Rao, Shri M. S. Sanjeevi Shailani, Shri Chandra Rao, Shri M. Satyanarayan Shambhu Nath, Shri Rao, Shri Nageswara Shankar Dayal Singh, Shri 2X9 Constitution NOVEMBER 1, 1978 (44th Arndt.) BiU 2 0 0

Shankar anand, Shri B. Tewari, Shri Shankar Sharma, Shri A. P. Thakre, Shri S. B. Sharma, Dr. H. P. Thakur, Shri Krishnarao Sharma, Shri Madhoram Tiwari, Shri R. G. Sharma, Shri Nawal Kishore Tiwary, Shri D. N. Shanna, Dr. Shanker Dayal Tombi Singh, Shri N. Shashi Bhushan, Shri Tula Ram, Shri Shastri, Shri Biswanarayan Tulsiram, Shri V. Shastri. Shri Sheopujan Uikey, Shri M. G. Shenoy, Shri P. R. Ulaganambi, Shri R. P. Shetty. Shri K. K. Vekaria, Shri Shinde, Shri Annasaheb P. Venkatasubbaiah, Shri P. Shivappa, Shri N. Venkatswamy, Shri G. Sbivnath Singh, Shri Verma, Shri Balgovind Verma, Shri Sukhdeo Prasad Shukla, Shri B. R. Vidyalankar, Shri Amamath Shukla, Shri Vidya Charan Vikal, Shri Ram Chandra Siddayya, Shri S. M. Yadav, Shri Chandrajit Siddheshwar Prasad, Prof. Yadav, Shri D. P. Singh, Shri Vishwanath Pratap Yadav, Shri Karan Singh ‘Sinha, Shri Dharam Bir Yadav, Shri N. P. Sinha, Shri Nawal Kishore Yadav, Shri R. P. Sinha, Shri R. K. Sohan Lai. Shri T. MR. SPEAKER: The result* of the Sokhi, Sardar Swaran Singh division is; Ayes 27; Noes 339. Stephen, Shri C. M. The motion was negatived. Subramaniam, Shri C. MR. SPEAKER; I will put all other Sudarsanam, Shri M. amendments to clause 17 to vote. Sunder Lai, Shri Surendra Pal Singh, Shri Amendments Nos. 9, 30 and 109 were Suryanarayana, Shri K. put and negatived. Swaminathan, Shri R. V. MR. SPEAKER; The question Is; Swamy, Shri Sidrameshwar Swaran Singh, Shri ‘•That clausc 17, as amended, stand part of the Bill.” Tarodekar, Shri V. B. Tayyab Hussain, Shri The Lok Sabha divided;

•The following Members also recorded their votes:

AYES: Prof. S. L. Saksena and Shri K, M. Madhukar;

NOE9; Sarvshrl Genda Singh, K. Basappa and E. V. Vikhi Patil. 2t l Conttttutkm KART1KA 10, 1898 (SAKA) (44th Amdt.) Bill 232

JDivtatan No. 19] [1114 t f t Bist, Shri Narendra Siagh AYES Brahmanandji, Shri Swami Achal Singh, Shri Brij Raj Singh—Kotah, Shri Aga, Shri Syed Ahmed Buta Singh, Shri Agrawal, Shri Shrikrishna Chakleshwar Singh, Shri Ahirwar, Shri Nathu Bam Chandra Gowda, Shri D. B. Alagesan, Shri O. V. Chandrakar, Shri Chandulal Ambesh, Shri Chandrashekharappa Veerabasappa, Anand Singh, Shri Shri T. V. Chandrika Prasad, Shri Ankineedu, Shri Maganti Ansari, Shri Ziaur Rahman Chaturvedi, Shri Rohan Lai Appalanaidu, Shri Chaudhari, Shri Amarsinh Arvind Netam, Shri Chaudhary, Shri Nitiraj Singh Austin, Dr. Henry Chavan, Shrimati Premalaba] Awdhesh Chandra Singh, Shri Chavan, Shri Yeshwantrao Azad, Shri Bhagwat Jha Chellachami, Shri A. M. Aziz Imam, Shri Chhotey Lai, Shri Babunath Singh, Shri Chhutten Lai, Shri Bajpai, Shri Vidya Dhar Chikkalingaiah, Shri K. Balakrishniah, Shri T. Choudhary, Shri B. E. Banamali Babu, Shri Daga, Shri M. C. Banera, Shri Hamendra Singh Dalbir Singh, Shri Banerjee, Shrimati Mukul Dalip Singh, Shri Barman, Shri R. N. Darbara Singh, Shri Barua, Shri Bedabrata Das, Shri Anadi Charan Barupal, Shri Panna Lai Da?, Shri Dharnidhar Basappa, Shri K. ' Dasappa, Shri Tulsidas Basumatari, Shri D. Dashchowdhury, Shri B. K. Besra, Shri S. C. Deo, Shri P. K. Bhagat, Shri H. K. L. Deo, Shri R. R. Singh Bhargava, Shri Basheshwar Nath Deo, Shri S. N. Singh Bhatia, Shri Raghunandan Lai Desal, Shri D. D. Bhattacharyyia, Shri Chapalendu Deshmukh, Shri K. G. Bheeshmadev, Shri M. Deshmukh, Shri Shivaji Rao S. Bhuvarahan. Shri G. Dhamankar, Shri a n Constitution NOVEMBER I, 1976 (44th Amdt.) Bill 2 2 4

Dharamgaj Singh, Shri Hashim, Shri M. M. Dhillon, Dr. G. S. Ishaque, Shri A. K. M. Dhote, Shri Jambuwant Jadeja, Shri D. P. Dhusia, Shri Anant Prasad Jailer Sharief, Shri C. K. Dinesh Singh, Shri Jagjivan Ram, Shri Dixit, Shri G. C. Jamilurrahman, Shri Md. Dixit, Shri Jagdish Chandra Jeyalakshmi, Shrimati V. Dube, Shri J. P. Jha, Shri Chiranjib Dumada, Shri L. K. Jhunjhunwala, Shri Bishwanath Dwivedi, Shri Nageshwar Jltendra Prasad, Shri Engti, Shri Biren Joseph, Shri M. M. Gaekwad, Shri Fatesinghrao Joshi, Shri Popatlal M. Gandhi, Shrimati Indira Joshi, Shrimati Subhadra Ganesh, Shri K. R. Kadam, Shri Dattajirao Ganga Devi, Shrimati Kadam, Shri J. G. Gangadeb, Shri P. Kadannappalli, Shri Ramachandran Gautam, Shri C. D. Kader, Shri S. A. Gavit, Shri T. H. Kahandole, Shri Z. M. George, Shri A. C. Kailas, Dr. Ghosh, Shri P. K. Kakodkar, Shri Puruahottam Gill, Shri Mohinder Singh Kakoti, Shri Robin Glri, Shri V. Shanker Kalingarayar, Shn Mohanraj Godara, Shri Mani Ram Kamakshaiah, Shri D. Godfrey, Shrimati M. Kamala Prasad, Shri Gogoi, Shri Tarun Kamble, Shri N. S. Gokhale, Shri H. R. Kamble, Shri T. D. Gomango, Shri Giridhar Karan Singh, Dr. Gopal, Shri K. Kaul, Shrimati Sheila Goswami, Shrj Dinesh Chandra Kavde, Shrf B. R. Gotkhinde, Shri Annasaheb Kedar Nath Singh, Shri Gowda, Shri Pampan Khadilkar, Shri R. K. Hansda, Shri Subodh Khan, Shri I. H. Hanumanthaiya, Shri K. Kinder Lai, Shri Hari Kishore Singh, Shri Kisku, Shri A. K. Hari Singh, Shri Kotoki, Shri Liladhar 245 CoMtitvUo* KARTIKA 10, 189ft (SAKA) (44th Arndt) BUI

Koya, Shri c - H. Mohamed Mohsin, Shri 7. H. Krishna Kumari, Shrimati Muhammed Sheriff, Shri Krishnan, Shri G. Y. Munsi, Shri Priya Ranjan Das Krishnappa, Shri M. V. Murmu, Shrj Yogesh Chandra Kulkarni, Shri Raja Murthy, Shri B. S. Kureel, Shri B. N. Nahata, Shri Axnrit Kushok Bakula, Shri Naik, Shri B. V. Lakkappa, Shri K. Nanda, Shri G. L. Lakshminarayanan, Shri M. R. Nayak, Shri Baksi Lambodar Baliyar, Shri Negi, Shri Pratap Singh Laskar, Shri Nihar Nimbalkar, Shri Lutfal Haque, Shri Oraon, Shri Kartik Mahajan, Shri Vikram Oraon, Shri Tuna Mahajan, Shri Y. S. Pahadia, Shri Jagannath jMaharaj Singh, Shri Painuli, Shri Paripoornanand [Mahishi, Dr. Sarojini Palodkar, Shri Manikrao Majhi, Shri Gajadhar Pandey, Shri Damodar Majhi, Shri Kumar Pandey, Shri Krishna Chandra Malavlya, Shri K. D. Pandey, Shri Narsingh Narain Malhotra, Shri Inder J. Pandey, Shri R. S. Mallanna, Shri K. Pandey, Shri Sudhakar Mallikarjun, Shri Pandey, Shri Tarkeshwar Mandal, Shri Jagdish Narain Pandit, Shri S. T. Mandal, Shri Yamuna Prasad Panigrahi, Shri Chintamanl Manhar, Shri Bhagatram Pant, Shri K. C. Maurya, Shri B. P. Paokai Haokip, Shri Mehta, Dr. Mahipatray Parashar, Prof. Narain Chand Melkote, Dr. G. S. Parikh, Shri Rasiklal Mirdha, Shri Nathu Ram Parthasarathy, Shri P. Mishra, Shri Bibhuti Paswan, Shri Ram Bhagat Mishra, Shri G. S. Patel, Shri Arvind M. Mishra, Shri Jagannath Patel, Shri Natwarlal Modi, Shri Shrikishan' Patel, Shri Prabhudas Mohan Swarup, Shri Patel, Shri R. R. Mohapatra, ,Shri Shyam Sunder Patil, Shri Anantrao 2»7 Coiutttvtkm November i, i m (44fk Amdt) sa t

Patil, Shri C. A. Rao, Shri M. Satyanafcayan Patil, Shri E. V. Vikhe Rao, Shri Nagerfhwftra Patil, Shri Krishnarao Rao, Shri P. Ankineedu Prasada Patil, Shri T. A. Rao, Shri Pattabhi Rama Patnaik, Shri Banamali Rao, Shri Rajagopala Patnaik, Shri J. B. Rao, Dr. V. K. R. Varadaraja Peje, Shri S. L. Rathla, Shri Umed Singh Pradhan, Shri Dhan Shah Raut, Shri Bhola Pradhani, Shri K. Ravi, Shri Vayalar

Purty, Shri M. S. Ray, Shrimati Maya Qureshi, Shri Mohd. Shaft Reddy, Shri K. Kodanda Rami Raghu Raxnaiah, Shri K. Reddy, Shri K. Ramakrishna Rai, Shri S. K. Reddy, Shri M. Ram Gopal Rai, Shrimati Sahodrabai Reddy, Shri P. Bayapa Raj Bahadur, Shri Reddy, Shri P. Ganga Rajdeo Singh, Shri Reddy, Shri P. Narasimha Raju, Shri M. T. Reddy, Shri P. V. Raju, Shri P. V. G. Reddy, Shri Sidram Ram, Shri Tulmohan Richhariya, Dr. Govind Das Ram Dayal, Shri Rohatgi, Shrimati Sushila Ram Hedaoo, Shri Roy, Shri Bishwanath Ram Prakash, Shri Rudra Pratap Singh, Dr. Ram Sewak, Ch. Saini, Shri Mulki Raj Ram Singh Bhai, Shri Salve, Shri N. K. P. Ram Surat Prasad, Shri Samanta, Shn S. C. Ram Swarup, Shri Sanghi, Shri N. K. Ramji Ram, Shri Sangliana, Shri Ramshekhar Prasad Singh, Shri Sankata Prasad, Dr. Ranabahadur Singh, Shri Sant Bux Singh, Shri Rao, Shrimati B. Radhabai A. Sarkar, Shri Sakti Kumar Rao, Shri J. Rameshwar Satish Chandra, Shri Rao, Shri Jagannath Satpathy, Shri Devendra Rao, Dr. K. L. Satyanarayana, Shri B. Rao, Shri X. Narayana Savant, Shri Shankerrao Rao, Shri M. S. Stajeevi Savitri Shyam, Shrimati 3 3 9 Constitution KARTIKA 10, 1698 (SAKA) (44th Amdt) BUI

Sayeed, Shri P. M. Sudarsanam, Shri M. Scindia, Shri Madhavrao Sunder Lai, Shri Sen, Shri A. K. Surendra Pal Singh, Shri Sethi, Shri Arjun Suryanarayana, Shri K. Shafquat Jung, Shri Swaminathan, Shri R. V. Shahnawaz Khan, Shri Swamy, Shri Sidrameahwar Shailani, Shri Chandra Swaran Singh, Shri Sharobhu Nath, Shri Tarodekar, Shri V. B. Shankar Dayal Singh, Shri Tayyab Hussain, Shri Shankaranand, Shri B. Tewari, Shri Shankar Sharma, Shri A. P. Thakre, Shri S. B. Sharma, Dr. H. P. Thakur, Shri Krishnarao Sharma, Shri Madhoram Tiwary, Shri D. N. Sharma, Shri Nawal Kishore Tombi Singh, Shri N. Sharma, Dr. Shanker Dayal Tula Ram, Shri Shashi Bhushan, Shri Tulsiram, Shri V. Shastri, Shri Biswanarayan Uikey, Shri M. G. Shastri, Shri Sheopujan Ulaganambi, Shri R. P. Shenoy, Shri P. R. Vekarla, Shri Shetty, Shri, K. K. Venkatasubbaiah, Shri P. Shinde, Shri Annasaheb P. Venkatswamy, Shri G. Shlvappa, Shri N. Verma, Shri Balgovind Shivnath Singh, Shri Verma, Shri Sukhdeo Prasad Shukla, Shri B. R. Vidyalankar, Shri Amarnath Shukla, Shri Vidya Charan Vikal, Shri Ram Chandra Siddayya, Shri S. M. Yadav, Shri Chandrajit Siddheshwar Prasad, Prof. Yadav, Shri D. P. Singh, Shri Vishwanath Pratap Yadav, Shri Karan Singh Sinha, Shri Dharam Bfr Yadav, Shri N. P. Sinha, Shri Nawal Kishore Yadav, Shri R. P. Sinha, Shri R. K. Sohan Lai, Shri T. NOES Sokhi, Sardar Swaran Singh Banerjee, Shri S. M. Stephen* Shri C. M. Bhargavi Thankappan, Shrimati Subramaniam, Shri C. Bhaura, Shri B. S. 2 3 1 Constitution NOVEMBER 1 , 1976 (44th Amdt.) Bin 3 $*

Chandra Shekhar Singh, Shri Clause IS Chandrappan, 8hri C. K. MR. SPEAKER I will now put amendment No. 256 to clause 18 to Deshpande, Shrimatt Roza vote. Gupta, Shri Indrajit Amendment No. 256 was put and Janardhanan, Shri C. negatived Jha, Shri Bhogendra Clause 19 Jharkhande Rai, Shri MR. SPEAKER: There are no amendments. Kalyanasundaram, Shri M. Clause 20 Kathamuthu, Shri M. MR. SPEAKER: I will put all the Krishnan, Shrimati Parvathi amendments to clause 20 to vote. ‘Madhukar*, Shri K. M. Amendments Nos 10, 111, 112, 118, Manjhi, Shri Bhola 218, 307, 410, 411, 463 and 464 were put and negatived. Mukerjee, Shri H. N. Clause 21 Muruganantham, Shri S. A. MR. SPEAKER: I will now put Panda, Shri D. K. amendment No. 446 moved by Mr. Pandey, Shri Sarjoo Gokhle to vote. Reddy, Shri Y. Eswara The question is: Saksena, Prof. S. L. Page 6 for lines 30 and 31, substi- Sambhali, Shri Ishaque tute— Sen, Dr. Ranen “of each House shall be those of that House, and its members and Shastri, Shri Ramavatar committees, at the commencement of section 21 of the Constitution VijBy Pal Singh, Shri (Forty-second Amendment) Act, 1976, and as may be evolved by MR. SPEAKER: The result* of the such House of Parliament from Division is: Ayes: 342 Noes: 25 time to time.” (446) The was motion was adopted. The motion is carried by a majority MR. SPEAKER: I will put the rest of the total membership of the House of the amendments to clause 21 to and by a majority of not less than vote. two-thirds of the Members present Amendments Nos. 59, 114, 339 and and voting 465 were put and negatived.

The motion was adopted. Clause 22 Clause 17, as amended, was added to MR. SPEAKER: I will put amend- the Bill. ment No. 561 of Mr. Dhote to vote. •The following Members also recorded their votes: AYES: Sarvshri S. B. Patil, A. K. Kotrashetti, R. G. Tewari, A. Shafee and Genda Singh: NOES: Shri P. V. Mavalankar. 3 3 3 Cottftitutkm KARTIKA 10, 1898 iSAKA) (44th Arndt.) BiU 2 3 4

Arftendment No. 581 was -put and The question is: negatived. Page 8, line 23,— Clause 28 after “ (a) insert "in clause (2),"’. (653). MR. SPEAKER; I will put all the amendments to clause 23 to vote. The motion was adopted.

Amendments Nos. 60, 87, 88, 115, 118, Clause 30 301, 574 and 583 were put and negatived MR. SPEAKER: I now come to Clause 30. There is a Government Clause 24 amendment No. 654. MR. SPEAKER; I shall put amed- The question is: tnent No. 584 to clause 24 moved by Shri Priya Ran] an Das Munsi to the Page 9,— vote of the House. for lines 9 to 11, substitute— Amendment No. 584 was put and negatived. “(2) The amendments made by sub-section (1) to clause (1) of article 172 rihall also apply Clause 25 to every Legislative Assembly MR. SPEAER I shall now put all (including the Legislative the amendments to Clause 25 to- Assembly of the State of Kerala) gether to the vote of the House. in existence on the date of coming into force of this section Amendments Nos. 61, 89 and 611 were without prejudice to the power put and negatived. of Parliament with respect to the extension of the duration of such Clause 26 Assembly under the proviso to that clause.” (654). MR SPEAKER: I shall put amendments No. 62 and 63 to clause 26 The motion was adopted. moved by Prof S. L. Saksena to the vote of the House. MR. SPEAKER: I shall put amend, ment No. 467 moved by Shri Ram- Amendments Nos. 62 and 63 were put vatar Shastri to the vote of the and negatived, House. MR. SPEAKER; There Is no Amendment No. 467 was put and amendment to Clause 27. negatived. MR. SPEAKER: There are no Clause 28 amendments to Clauses 31 and 32. MR. SPEAKER: I shall put amend- Clause 33 ments No. 64 and 466 moved to clause 28 by Prof. S. L. Saksena and Shri MR. SPEAKER; I shall now put all Ramavatar Shastri to the vote of the the amendments to Clause 33 to- House. gether to the vote of the House. There is no Government amendment. Amendments Nos. 64 and 486 were put and negatived. Amendments Nos. 65, 468, and 469 were put and negatived. Clause 29 Clause 84 MR. 'SPEAKER: 1 now come to MR. SPEAKER: I fcome to Clause clause 29. There is a Government <84. There is a Government ampad* amendment No. 688. ment No. 447. Constitution NOVEMBER J, 1076 (44th A m dt) BiU [Mr. Speaker] MR. SPEAKER: 1 shall sow put all The question is: the other amendment! to Clause 3d to the vote of the House. Page 0, for lines 41 and 42, subs- itute— Amendments Nos. 92 259, 330 and 831 were put and negittivtd, “committees of * Houstf of such Legislature shall Be those of that MR. SPEAKER: There are so House, and of its members and amendments to Clause 37. So now committees, at the commencement we go to Clause 38. of section 34 of the Constitution (Forty-second Amendment) Act, Clause 38 1076, and as may be evolved by such House of the Legislature of a MR. SPEAKER: There are no Gov- State, so far as may be, in acocrd- ernment amendments. I will now put ance with those of the House of all the amendments to Clause 88 to- People, and of its members and gether to the vote of the House. committees where such House is the Legislative Assembly Bnd in Amendments Nos. 67, to 71, 128 to accordance with those of the 117, 130, 208, 209, 434; 471 to 473 and Council of States, and of its mem- 597 to 599 were put and negatived. bers and committees where such House is the Legislative Council." (447) Clause 39 The motion teas adopted. MR. SPEAKER: There are no Government amendments to Claus* MR. SPEAKER: I shall now put 39. I shall now put the other amend- all the other amendments to Clause ments to this Clause to vote. 34 together to the vote of the House. Amendments Nos. 66 and 470 were Amendments Nos. 128 and 474 went put and negatived. put and negatived. MR. SPEAKER: There are no MR. SPEAKER There are no amendment to Clause 35. amendments to Clause 40 and 41. W* Clause 36 now go to Clause 42.

MR. SPEAKER: There is a Govern- Clause 42 ment amendment No. 448 to Clause 36. MR. SPEAKER: There are two Government amendments to Clause SHRI H. R. GOKHALE: In res- 42 They are amendment Nos. 655 ponse to the views expressed by the and 656. hon. Members very strongly against thh amendment, although I thought I will put them together to the that that amendment w*s justified, I vote of the House. The question Is: mm requesting you to allow me to withdraw it. Page 12, lines 10-11,— SOL SPEAKER: Does the hon. for “determine questions as to fho Minister have the leave of the House constitutional validity ot State to withdraw amendment No. 448 to laws", clause 36? substitute— SEVERAL HON. MEMBERS; Yes. “determine all questions relating •A uM nfoent No. 448 was, by Isavt to the constitutional validity of any withdrawn ^ 4, State law'. (65) 2 3 7 Cotutfetfon KARTIKA 10, 1898 (SAKA) (44th Amdt.) Bill

Page IS, line 25,— Ahirwar, Shri Nathu Ram after “High Court" insert— Alagesan, Shri O. V. "Bitting for the purpose”. (656) Ambesh, Shri The motion was adopted. Anand Singh, Shri Ankineedu, Shri Maganti MR. SPEAKER: I Shall now put all these clauses together to the vote of Ansari, Shri Ziaur Rahman the House. Appalanaidu, Shri SHRI H. N. MUKERJEE (Calcutta Arvind Netam, Shri —Noth-East): Are you satisfied about the procedure adopted? Can Austin, Dr. Henry you put all the clauses together? Awdhesh Chandra Singh, Shri MR. SPEAKER: I am not only Azad, Shri Bhagwat Jha satisfied myself but r have taken the concurrence of the House. Aziz Imam, Shri Babunath Singh, Shri SHRI H. N. MUKERJEE: This is not to be the subjective satisfaction Bajpai, Shri Vidya Dhar of you or of the Members, but the Balakrishniah, Shri T. objective, concrete satisfaction of the ltgal position. Banamali Babu, Shri MR. SPEAKER: There is rule 155. Banera, Shri Hamendra Singh There is a proviso to the rule. Banerjee, Shn S. M. There has been a precedent. It is not done for the first time We ere Banerjee, Shrimati Mukui doing it. We have done it previously also. I am fully satisfied myself Barman, Shri R. N. and I have the additional strength Barua, Shri Bedabrata and full -confidence of the House. So, the procedure which we havfe adopted Barupal, Shri Panna Lai is perfectly in order. Basappa, Shri K. Now, the question is: Basumatari, Shri D. “That Clauses 18 to 20, Clause 21 Besra, Shri S. C. as amended, Clauses 22 to 28, Clause 29 as amended, Clause 30 as Bhagat, Shri H. K. L. amended, Clauses 31 to 39, Clause Bhargava, Shri Basheshwar Nat 34 as amended, ClaUse 35 to 41, and Clause 42 as amendfed, stand part of Bhargavi Thankappan, Shrimati the Bill.” Bhatia, Shri Raghunandan Lai The Lok Sabha divided: Bhattacharyyia, shri Chapalendu DfvMm No. SO] [18.28 bn. Bhaura, Shri R. S. AYES Bheeshmadev, Shri M. Achal Singh, Shri Bhuvarahan, Shri G. Aga, Shri Syed Ahmfed Bist, Shri Narendra Singh Agrawal, Shri Sfarifcrishoa Brahmanandji, Shri Swaml Cotiftitetion NOVEMBER 1, 197« <«th Amdt.) Bttt

Brij Raj Singh—Kotah, Shri Dhamankar, Shri Buta Singh, Shri Dharamgaj1 Singh, Shri Chakleshwar Singh, Shri Dhillon, Dr. G. S. Chandra Gowda, Shri D. B. Dhusia, Shri Anant Prasad Chandra Shekhar Singh, Shri Dinesh Singh, Shri Chandrakar, Shri Chandulal Dixit, Shri G. C. Chandrappan, Shri C. K. Dixit, Shri Jagdish Chandra Chandrashekharappa Veerabasappa, Dube, Shri J. P. Shri T. V. Dumada, Shri L. K. Chandrika Prasad, Shri Dwivedi, Shri Nageshwar Chaturvedi, Shri Rohan Lai Engti, Shri Biren Chaudhari, Shri Amarsinh Gaekwad, Shri Fatesinghrao Chaudhary, Shri Nitiraj Singh Gandhi, Shrimati Indira Chavan, Shrimati Premalabai Ganesh, Shri K. R. Chavan, Shri Yeshwantrao Ganga Devi, Shrimati Chellachami, Shri A. M. Gangadeb, Shri P. Chhotey Lai, Shri \ Gautam, Shri C. D. Chhutten Lai, Shri Gavit, Shri T. H. Chikkalingaiah, Shri K. George, Shri A. C. Choudhary, Shri B. E. Ghosh, Shri P. K. Daga, Shri M. C* Gill, Shri Mohinder Singh Dalbir Singh, Shri Giri, Shri V. Shanker Dalip Singh, Shri Godara, Shri Mani Ram Barbara Singh, Shri Godfrey, Shrimati M- Das, Shri Anadi Charan Gogoi, Shri Tarun Das, Shri Dhamidhar Gokhale, Shri H. R. Dasappa, Shri Tulsidas Gomango, Shri Giridhar Daschowdhury, Shri B. K. Gopal, Shri K. Deo, Shri P. K. Goswami, shri Dinesh Chandra Deo, Shri R. R. Singh Gotkhinde, Shri Annasaheb Deo, Shri S. N. Singh Gowda, Shri Pampan Desai, Shri D. D. Gupta, Shri Indrajit Deshmukh, Shri K_ G. Hansda, Shri Subodh Deshmukh, Shri Shivaji Rao S. Hanumanthaiya, Shri X.

Deshpande, Shrimati Roza .,t. Hari Kishore 3togh, Shri Gptutftotfon KARTQLA 10, 1888 (.SAKA) (44th Arndt.) Bill ;,242

B ari Singh Kedar Nath Singh, Shri Shri M. M. Khadilkar, Shri R K. Ishaque, Shri A. K. M- Khan, Shri I. H. Jadeja, Shri D. P. Kinder Lai, Shri Jaffer Sharief, Shri C. K. Kisku, Shri A. K. Jagjivan Ram, Shri Kotoki, Shri Liladhar -Jamilurrahman, Shri Md. Kotrashetti, Shri A. K. Janardhanan, Shri C. Koya, Shri C- H. Mohamed Jeyalakshmi, shrimati V. Krishna Kumari, Shrimati Jha, Shri Bhogendra Krishnan, Shri G. Y. Jha, Shri Chiranjib Krishnan, Shrimati Parvathi Jharkhande Rai, Shri Krishnappa, Shri M. V. Jhunjhunwala, Shri Bishwanath Kulkarni, Shri Raja Jitendra Prasad, Shri Kureel, Shri B. N. Joseph, Shn M. M. Kushok Bakula, Shri Joshi, Shri Popatlal M- Lakkappa, Shri K. Joshi, Shrimati Subhadra Lakshminarayanan, Shri M. R. Kadam, Shri Dattajirao Lambodar Beliyar, Shri Kadam, Shri J. G. Laskar, Shri Nihar Kadannappalli, Shri Ramachandran Lutfal Haque, Shri Kader, Shri S. A. ‘Madhukar’, shri K. M. Kahandole, Shn Z. M. Mahajan, Shri Vikram Kailas, Dr. Mahajan, Shri Y. S. Kakodar, Shri Purushottam Maharaj Singh, Shri Kakoti, Shn Robin Mahishi, Dr. Sarojini Kalingarayar, Shri Mohanraf Majhi, Shri Gaj'adhar Kalyanasundaram, Shri M. Majhi, Shri Kumar Kamakshaiah, Shri D. Malaviya, Shri K. D. Kamala Prasad, Shri Malhotra, Shri Inder J. Kamble, Shri N. S. Mallanna, Shri K. Kamble, Shri T. D. Mallikarjun, Shri Karan Singh, Dr. Mandal, Shri Jagdish Narair Xathamuthu, Shri M. Mandal, Shri Yamuna Prasa Kaul, Shrimati Sheila Manhar, Shri Bhagatram

Kavde, Shri B. R. Manjhi, Shri Bbola 243 Constitution NOVEMBER l, 1976 (44th Amdt) BUI

Maury a, Shri B. P. Pandey, Shri Tarkeshwar Mehta, Dr. Mahipatray Pandit, Shri S. T. Melkote, Dr. G S- Panigrahi, Shri Chintamani Mirdha, Shri Nathu Ram Pant, Shri K. C. Mishra, Shri Bibhuti Paokai, Haokip, Shri Mishra, Shri G. S. Parashar, Prof. Narain Chand Mishra, Shri Jagannath Parikh, Shri Rasiklal Modi, Shri Shrikishan Parthasarathy, Shri P- Mohan Swarup, Shn Paswan, Shri Ram Bhagat Mohapatra, Shri Shyam Sunder Patel, Shri Arvind M. Mohsin, Shri F. H. Patel, Shri Natwarlal Muhammed Sheriff, Shri Patel, Shri Prabhudas Munai, Shri Priya Ranjan Das Patil, Shri Anantrao Murmu, Shri Yogesh Chandra Patil, Shri C- A. Murthy, Shri B- S. Patil, Shri E. V. Vikhe Muruganantham, Shri S. A* Patil, Shri Krishnarao Nahata, Shri Amrit Patil, Shri S. B. Naik, Shri B. V. Patil, Shri T. A. Nair, Shri Sreekantan Patnaik, Shri Banamali Nanda, Shri G- L. Patnaik, Shri J. B. Nayak, Shri Baksi ' , Peje, Shri S- I* Negi, Shri Pratap Singh Pradhan, Shri Dhan Shah Nimbalkar, Shri Pradhani, Shri K. Oraon, Shri Kartik Purty, Shri M. S. Oraon, Shri Tuna Qureshi, Shri Mohd. Shall Pahadia, Shri Jagannath Raghu Ramaiah, Shri K. Painuli, Shri Paripoornanand Rai, Shri S- K. Palodkar, Shri Manikrao Rai, Shrimati Sahodrabal Panda, Shri D. K. Raj Bahadur, Shri Pandey, Shri Damodar Rajdeo Singh, S u l Pandey, Shri Krishna Chandra Raju, Shri M. T. Pandey, Shri Narsingh Narain Raju, Shri p. V. G. Pandey, Shri R. S. Ram, Shri Tulmohan Pandey, Shri SarjOo Ram Dayal, Shri Pandtey, Shri Sudhakar Ram Prakash, Shri 245 Conrfttutton SAHTUCA 10, 18M (SAKA) (44th Arndt.) Bill

Bam Sewak, Ch. Rudra Pratap Singh, Dr. Bam Stngb Bhai, Shri Saini, Shri Mulki Raj Surat Prasad, Shri Salve, Shri N. K. p. Bam Swarup, Shri Samanta, Shri S. C. Ramji Ram, Shri Sambhali, Shri Ishaque Ramshokhar Prasad Singh, Shri Sanghi, Shri N. K. Ranabahadur Singh, Shri Sangliana, Shri Rao, Slhrimati B. Radhabai A. Sankata Prasad, Dr. Rao, Shri J. Rameshwar Sant Bux Singh, Shri Rao, Shri Jagannath Sarkar, Shri Sakti Kumar Rao, Dr. K. L. Satish Chandra, Shri Rao, Shri K. Narayana Satpathy, Shri Devendra Rao, Shri M. S. Sanjetevi Savant, Shri Shankerrao Rao, Shri M- Satyanarayan Savitri Shyam, Shrimati Rao, Shri Nageswara Sayeed, Shri P. M. Rao, Shri P. Ankineedu Prasada Scindia, shri Madhavrao Rao, Shri Pattabhi Rama Sen, Shri A. K. Rao, Shri Rajagopala Sen, Dr. Ratten Rao, Dr. V. K. R. Varadaraja Sethi, Shri Arjun Rathia, Shri Umed Singh Shafee, Shri A. Raut, Shri Bhola Shafquat Jung, Shn Ravi, Shri Vayalar Shahnawaz Khan, Shri Ray, Shrimati Maya Shailani, Shri Chandra ■teddy, Shri K. Kodanda Rami Shambhu Nath, Shri teddy, Shri K. Ramakrishna Shankar Dayal Singh, Shri teddy, Shri M. Ram Gopal Shankaranand, Shri B- teddy, shri P. Bayapa Sharma, Shri A. p. teddy, Shri P. Ganga Sharma, Dr. H. P. teddy, Shri P. Narasimha Sharma, Shri Madhoram fteddy, Shri P. V. Sharma, Shri Nawal Kishore iteddy, Shri Sidram Sharma, Dr. Shanker Dayal teddy, Shri Y. Etwara Shashi Bhushan, Shri ttchhariya, Dr. Govind Dai Shastri, Shri Biswanarayan tohatgi, Shrimati Sushila Shastri, Sbri Ramavatar toy, Shri BUhwaaath Shastri, Shri Sheopujan * 4 7 ConttUvtion NOVEMBER 1, IVfc <♦*** An&t*) 301 348

Shsnoy, Shri P. R. Thakur, Shri KrishaMrao tShetty, Shri K. K. Tiwari, shri R. G. Shinde, Shri Annasaheb P. Tiwary, Shri D. N. Shivappa, Shri N. Tombi Singh, Shri N. Shivnath Singh, Shri Tula Ram, Shri Shukla, Shri B. R. Tulsiram, Shri V. ‘Shukla, Shri Vidya Charan Uikey, Shri M- G. Siddayya, Shri S. M. XJlaganambi, Shri R. P. Siddheshwar Prasad, Prof. Vekaria, Shri f?ingh, shri Vishwanath Pratap Venkatasubbaiah, Shri P.' Sinha, Shri Dharam Bir Shukla, Shri B- R> Sinha, Shri Nawal Kishore Verma, Shri Balgovind Sinha, Shri R. K. Verma, Shri Sukhdeo Prasad Vidyalankar, Shri Amarnath Sohan Lai, Shri T. Vijay Pal Singb, Shri Sokhi, Sardar Swaran Singh Vikal, Shri Ram Chandra Stephen, Shri C. M. Yadav, Shri Chandrajit •Subramaniam, Shri C. Yadav, Shri D. P. -Sudarsanam, Shri M. Yadav, Shri Karan Singh Sunder Lai, Shri Yadav, Shri N. P. "Surendra Pal Singh, Shri Yadav, Shri R. P. Suryanarayana, Shri K. NOES Swaminathan, Shri R. V. Saksena, Prof. S. L. .Swamy, Shri Sidrameshwar MR. SPEAKER: The result* of the Swaran Singh, Shri division is as follows:—Ayes: 366; Tarodekar, Shri V. B. Noes: 1. Tayyaib Hussain, Shri The motion is carried by a majority of the total membership of the House Tewari, Shri Shankar and by a majority of not less than . two-thirds of the Members present "Thakre, Shri S. B. and voting.

•(1) The result of this division is applicable to each of the clause* 18, 19, 20, 21 as amended, 22, 23, 24, 25, 26, 28, 29 as amended, 30 as amended. 31, 32, 33, 34, as amended 35, 36, 37, 38, 39, 40, 41 and 42 as amended separately. (2) The following Members also recorded their votes: AYES; Sarvashri B. Satyanarayana, R. R. Patel and Genda Singh, (3) Shri P. G. Mavalankar recorded his vote for NOES in respect of clause* 20, 23&nd 38. 349 Conrtffuttett KARTIKA 10, 1888 (SAKA) (44th Amdt.) Bill 2 5 0

* The motion was adopted. Deshpande, Shrimati Roza Clauses 18 to 20, Clause 21 as Dhote, Shri Jambuwant amended, clauses 22 to 28, clause 29 at amended, clause 30 as amended, Gupta, Shri Indrajit clauses 31 to 83, clause 34 as amend- Janardhanan, Shri C. ed, clause 35 to 41r and clause 42 as amended were ad&e& to the Bill. Jha, Shri Bhogendra Clause t f Jharkhande Rai, Shri MR. SPEAKER: I shall put Amend- Kalyanasundaram, Shri M. ment No. 475 moved by Shri Indrajit Supta separately. Kathamuthu, Shri M. The question is: Krishnan, Shrimati Parvathl Page 12,— ■Madhukar’, Shri K. M. for lines 34 to 43, substitute— Manjhi, Shri Bhola ‘‘257A. (1) The Government of Mayathevar, Shri K. India may deploy any armed force Mukherjee, Shri H. N. of the Union or any other force subject to the control of the Union Muruganantham, Shri S. A. for dealing with any grave situa- Panda, Shri D. K. tion of law and order in any State, if the State concerned seeks Pandey, Shri Sarjoo such deployment. Reddy, Shri Y. Eswara (2) Any armed force or ether force or any contingent or unit Sambhali, Shri Ishaque thereof deployed under clause (1) Sen, Dr. Ranen in any State shall act in accordance with such directions as the Shastri, Shri Ramavatar State Government concerned may Somasundaram, Shri S. D. issue and be subject to the superintendence or control of the S ta te Vijay Pal Singh, Shri Government or any officer or authority subordinate to the State NOES Government." (475) Achal Singh, Shri The Lok Sabha divided. Aga, Shri Syed Ahmed 1 Division No. 21] [18.31 hrs. Agrawal, Shri Shrikrishna AYES Ahirwar, Shri Nathu Ram Banerjee, Shri S. M. Alagesan, Shri O. V. Bhargavi Thankappan, Shrimati Ambesh, Shri Bhaura, Shri B. S. Anand Singh, Shri •Bist, Shri Narendra Singh Chandra Shekhar Singh, Shri Ankineedu, Shri Maganti Chandrappan, Shri C. K. Ansari, Shri Ziaur Rahman

"Wrongly voted far AYES. Constitution NOVEMBER I 1976 (44th Arndt) BiU

Appaktnaidu, Shri Chaudhary, Shri Nitiraj Singh Arvind Netam, Shri Chavan, Shrimati Premalabal Austin, Dr. Henry Chavan, Shri Yeshwantrao Awdhesh Chandra Singh, Shri Chellachami, Shri A. M. Azad, Shri Bhagwat Jha Chhotey Lai, Shri Aziz Imam, Shri Chhutten Lai, Shri Babunath Singh, Shri Chikkalingaiah, Shri K. Bajpai, Shri Vidya Dhar Choudhary, Shri B. E. Balakrishniah, Shri T. Daga, Shri M. C. Banamali Babu, Shri Dalbir Singh, Shri Banera, Shri Hamendra Singh Dalip Singh, Shri Banerjee, Shrimati Mukul Darbara Singh, Shri Barman, Shri R. N. Das, Shri Anadi Charan Barua, Shri Bed strata Das, Shri Dharnidhar Barupal, Shri Panna Lai Dasappa, Shri Tulsidas Basappa, Shri K. Daschowdhury, Shri B. K. Basumatari, Shri D. Deo, Shri P K. Besra, Shri S. C. Deo, Shn R. R Singh Bhagat, Shn H K. L. Deo, Shn S N. Singh Bhargava, Shn Basheshwar Nath Desai, Shn D. D. Bhatia, Shn Raghunandan Lai Deshmukh, Shn K. G. Bhattacharyyia, Shri Chapalendu Deshmukh, Shri Shivaji Rao S. Bheeshmadev, Shn M Dhamankar, Shri Bhuvarahan, Shri G. Dharamgaj Singh, Shri Brahmanandji, Shri Swami Dhillon, Dr. G. S. Brij Raj Singh—Kotah, Shn Dhusia, Shri Anant Prasad Buta Singh, Shri Dinesh Singh, Shri 'Chakleshwar Sipgh, Shn Dixit, Shn G. C Chandra Gowda, Shri D. B. Dixit, Shri Jagdish Chandra Chandrakar, Shri Chandulal Dube, Shri J. P. Chandrashekharappa Veerabas- Dumada, Shri L. K appa, Shri T. V. Dwivedi, Shri Nageshwar Chandrika Prasad, Shri Engti, Shri Biren

Chaturvedi, Shri Rohan Lai Gaekwad, Shri Fatesinghrao

'Chaudhari, Shri Amarsinh Gandhi, Shrimati Indira Constitution KABTUCA 10, 1898 OSAKA) (44th Amdt.) Bill 254

Quoteah, Shri K. R. Kadam, Shri Dattajirao Ganga Devi, Shrimati Kadam, Shri J. G. Gangadeb, Shri P. Kadannappalli, Shri Rama- Gautam, Shri C. D. chandran Gavit, Shri T. H. Kader, Shri S. A. George, Shri A. C. Kahandole, Shri Z. M. Ghosh, Shri P. K. Kailas, Dr. Gill, Shri Mohinder Singh Kakodkar, Shri Purushottam Giri, Shri V. Shanker Kakoti, Shri Robin Godara, Shri Mani Ram Kalingarayar, Shri Mohanraj Godfrey, Shrimati M. Kamakshaiah, Shri D. Gogol, Shri Tarun Kamala Prasad, Shri Gokhale, Shri H. R. Kamle, Shri T. D. Gomango, Shri Giridhar Karan Singh, Dr. Gopal, Shri K. Kaul, Shrimati Sheiia Goswami, Shri Dinesh Chandra Kavde, Shri B. R. Gotkhinde, Shri Annasaheb Kedar Nath Singh, Shri Gowda, Shri Pampan Khan, Shri I. H. Hansda, Shri Subodh Kinder Lai, Shri Hanumanthaiya, Shri K. Kisku, Shri A. K. Hari Kishore Singh, Shri Kotoki, Shri Liladhar Hari Singh, Shri Kotrashetti, Shri A. K. Hashim, Shri M. M. Koya, Shri C. H. Mohamed Ishaque, Shri A. K. M. Krishna Kumari, Shrimati Jadeja, Shri D. P. Krishnan, Shri G. Y. Jaffer Sharief, Shri C. K. Krishnappa, Shri M. V. Jagjivan Ram, Shri Kulkarni, Shri Raja Jamilurrahman, Shri Md. Kureel, Shn B. N. Jeyalakshmi, Shrimati V. Kushok Bakula, Shri Jha, Shri Chiranjib Lakkappa, Shri K. Jhunjhunwala, Shri Bishwanath Lakshminarayanan, Shri M. R. Jitendra Prasad, Shri Lambodar Baliyar, Shn Joseph, Shri M. M. Laskar, Shri Nihar Joshi, Shri Popatlal M. Lutfal Haque, Shri

Joshi, Shrimati Subhadra ’ Mahajan, Shri Vikram Cowtttwrton' VOtmS&to i 1696 ' <**th Amdt.) &U

Mahajan, Shri Y. S. Pahadia, Shri Jagannath Maharaj Singh, Shri Painuli, Shri Paripoomanand Mahishi, Dr. Sarojini Palodkar, Shri Manikrao Majhi, Shri Gajadhar' Pandey, Shri Damodar Majhi, Shri Kumar Pandey, Shri Kriahna Chandra Malaviya, Shri K. D. Pandey, Shri Narsingh Narain Malhotra, Shri Inder J. Pandey, Shri R. S. Mallanna, Shri K. Pandey, Shri Sudhakar Mallikarjun, Shri Pandey, Shri Tarkeshwar Mandal, Shri Jagdish Narain Pandit, Shri S. T. Mandal, Shri Yamuna Prasad Panigrahi, Shri Chintamani Manhar, Shri Bhagatram Pant, Shri K. C. Maury a, Shri B. P. Paokai Haokip, Shri Mehta, Dr. Mahipatray Parashar, Prof. Narain Chand Melkote, Dr. G. S. Pankh, Shri Rasiklal Mirdha, Shri Nathu Ram Parthasarathy, Shri P. Mishra, Shri Bibhuti Patel, Shri Arvind M. Mishra, Shri G. S. Patel, Shri Natwarlal Mishra, Shri Jagannath Patel, Shri Prabhudas Modi, Shri Shrikishan Patel, Shri R. R Mohan Swarup, Shri Patil, Shn Anantrao Mohapatra, Shri Shyam Sunder Patil, Shn C. A. Mohsin, Shri F H. Patil, Shri E V Vikhe Muhammed Sheriff, Shri Patil, Shri Knshnarao Munsi, Shri Priya Ranjan Das Patil, Shri S. B. Murmu, Shri Yogesh Chandra Patil, Shri T. A. Murthy, Shri B. S. Patnaik, Shri Banamali Nahata, Shri Amrit Patnaik, Shri J. B. Naik, Shri B. V. Peje, Shri S. L. Nanda, Shri G. L. Pradhan, Shri Dhan Shah Nayak, Shri Baksi Pradhani, Shri K. N<>gi, Shri Pratap Singb Purty, Shri M. S. Nimbalkar, Shri Qureshi, Shri Mohd. Shaft

Oraon, Shri Kartik Raghu Ramaiah, Shri K.

Oraon, Shri Tuna Rai, Shri S. K. *57 'Aonsfftrffen KAIHtKA 10, 1898 (SAKA) (44th Amdt.) Bill

Rai, Shrimati Sahodrabaj Reddy, Shri P. Ganga Raj Bahadur, Shri Reddy, Shn P. Narasimha Rajdeo Singh, Shri Reddy, Shn P V. Raju. Shri M. T. Reddy, Shri Sidram Raju, Shri P. V. G. Richhanya, Dr Govini Das Ram, Shri Tulmohan Rohlagi, Shrimati Sushila Ram Dayal, Shn Roy, Shri Bishwanath Ram Prakash, Shn Rudra Pratap Singh, Dr. Ram Sowak, Ch Saim, Shri Mulki Raj Ram Smgh Bhai, Shri Salve, Shri N. K. P. Ram Sural Prasad, Shn Samanta, Shri S. C. Ram Swarup, Shri Sanghi, Shri N. K. Ramji Ram, Shn Sangliana, Shn Ramshekhar Piasad Singh. Shri Sankata Prasad, Dr. Ranabahadur Singh, Shri Sant Bux Singh, Shri Rao, Shnmati B. Hadhaoai A. Sarkar, Shri Sakti Kumar Rao, Shn J Rameshwar Satish Chandra, Shri Rao, Shn Jagannath Satpathy, Shri Devendra Rao, Dr. K L. Satyanarayana, Shri B. Kao, Shn K. Narayana Savant, Shn Shankerrao Rao, Shu M. S Sanjeevi Savitn Shyam, Shrimati Rao, Shn M Sa'yctnaiayan Sayeed, Shri P M. Rao, Shri Nageswara Sen, Shri A. K. Rao, Shri P. Ankineedu Prasada Sethi, Shri Arjun Rao, Shri Pattabhi Rama Shafee, Shri A. Rao, Shri Rajagopala Shafquat Jung, Shri Rao, Dr. V K. R. Varauaraja Shahnawaz Khan, Shri Rathia, Shn Umed Smgh Shdilani, Shri Chandra Raut, Shri Bhola Shambhu Nath, Shri Ravi, Shri Vayaiar Shankar Dayal Singh, Shri Ray, Shrimati Maya Shankaranand, Shri B. Reddy, Shr. K Kodanda Rami Sharma, Shri A. P. Reddy, Shri K. Ramakrishna Sharma, Dr. H. P. Reddy, Shri M. Ram Gopai Sharma, Shri Madhoram

Reddy, Shri P. Bayapa Sharma, Shri Nawal Kisore 259 constitution NOVEMBER 1976 («4th Arndt.) Bin 260

Sharma, Dr. Shanker DayaT Thakre, Shri S. B. Shashi Bhushan, Shri Thakur, Shri Krishnarao Shastri, Shri Biswanarayan. Tiwari, Shri R. G. Shasiri, Shri Sheopujan Tiwary, Shri D. N. Shenoy, Shri P. R. Tombi Singh, Shri N. Shetty, Shri K. K. Tula Ram, Shri Shinde, Shri Annasaheb P. Tulsiram, Shri V. Shivappa, Shri N. Uikey, Shri M. G Shivnath Singh, Shri Ulaganambi, Shri R. P. Shukla, Shri B. R. Vekaria, Shri Shukla, Shri Vidya Charan Venkatasubbaiah, Shri P. Siddayya, Shri S. M. Venkatswamy, Shri G. Siddheshwar Prasad, Prof. Verma, Shri Balgovind Singh, Shri Vishwanath Pratap Verma, Shri Sukhdeo Prasad Sinha, Shri Dharam Bir Vidyalankar, Shri Amarnath Sinha, Shri Nawal Kishore Vikal, Shri Ram Chandra Sinha, Shri R. K. Yadav, Shn Chandrajit Sohan Lai, Shri T. Yadav, Shri D. P. Sokhi, Sardar Swaran Singh Yadav, Shri Karan Singh Stephen, Shri C. M. Yadav, Shri N. P. Subramaniam, Shri C. Yadav, Shri R. P. Sudarsanam, Shri M. MR. SPEAKER: The result* of the division is: Ayes : 28; Noes : 339. Sunder Lai, Shri The motion was negatived. Surendra Pal Singh, Shri MR. SPEAKER: I shall put all the Suryanarayana, Shri K. other amendments to Clause 43 to the vote of the House Swaminathan, Shri R. V. Amendments Nos. 210, 223, 285, 476, Swamy, Shri Sidrameshwar 539, 540. 564, 587 and 600 were put Swaran Singh, Shri and negatived. Tarodekar, Shri V. B. MR. SPEAKER: The question is: “That Clause 43 stand part of the Tayyab Hussain, Shri Bill”. Tewari, Shri Shankar The Lok Sabha divided:

♦The following Members also recorded their votes; AYES: Prof. S. L. Saksena; NOES: Sarvashri Ram Bhagat Paswan, R. K. Khadilkar, Genda Singh, Madhavrao Scindia and Narendra Singh Bist. a6t Constitution JCARTIKA 10, 1898 (SAKA)(44 th Arndt.) Bill

Division No. 22] . [1.34 hn. Chandrika Prasad, Shri Chaturvedi, Shri Rohan Lai AYES Chaudhari, Shri Amarsinh Achal Singh, Shri Chaudhary, Shri Nitiraj Singh Aga, Shri Syed Ahmed Chavan, Shrimati Premalabai Agrawal, Shri Shrikrishna Chavan, Shri Yeshwantrao Ahirwar, Shri Nathu Ram Chellachami, Shri A. M. Alagesan, Shri O. V. Chhotey Lai, Shri Ambesh, Shri Chhutten Lai, Shri Anand Singh, Shri Chikkalingaiah, Shri K. Ankineedu, Shri Maganti Choudhary, Shri B. £. Ansari, Shri Ziaur Rahman Daga, Shri M. C. Appalanaidu, Shri Dalbir Singh, Shri Arvind Netam, Shri Dalip Singh, Shri Austin, Dr Henry Darbara Singh, Shri Awdhesh Chandra Singh, Shri Das, Shri Anadi Charan Azad. Shri Bhagwat Jha Das, Shri Dharnidhar Aziz Imam, Shri Dasappa, Shri Tulsidas Babunath Singh, Shri Daschowdhury, Shri B K. Bajpai, Shri Vidya Dhar Deo, Shri P. K. Balakrishniah, Shri T Deo, Shri R. R. Singh Banamali Babu, Shri Deo, Shn S. N. Singh Banera, Shri Hamendra Singh Desai, Shri D D. Banerjee, Shrimati Mukul Deshmukh, Shri K. G. Barman, Shri R. N. Deshmukh, Shri Shivaji Rao S. Barua, Shri Bcdabrata Dhamankar, Shri Barupal, Shri Panna Lai Dharamgaj Singh, Shri Basappa, Shri K. Dhillon, Dr. G. S. Basumatari, Shri D. Dhusia, Shri Anant Prasad Besra, Shri S. C. Dinesh Singh, Shri Bhagat, Shri H. K. L. Dixit, Shn G. C. Bhargava, Shri Basheshwar Nath Dixit, Shri Jagdish Chandra Bhattacharyyia, Shri Chapalendu Dube, Shri J. P. Bhuvarahan, Shri G. Dumada, Shri L. K. Bist, Shri Narendra Singh Dwivedi, Shri Nageshwar Brahmanandji, Shri Swami Engti, Shn Biren Brij Raj Singh—Kotah, Shri Gaekwad, Shri Fatesinghrao Buta Singh, Shri Gandhi, Shrimati Indira Chakleshwar Singh, Shri Ganesh, Shri K. R Chandra Gowda, Shri D. B. Ganga Devi, Shrimati Chandrakar, Shri Chandulal Gangadeb, Shri P. Chandrashekharappa Veerabassappa, Shri T. V. Gautam, Shri C. D. 263 Constitution MOVSMEB8 R t, 1076 (44th -Amdi.) ‘Bi8

Gavit, ShriT. H. Karan Singh, Dr. George, Shri A C. Kaul, Shrimati Sheila Ghosh. Shri P. K. Kavde, Shri B. R. Gill, Shri Mohinder Singh Kedar Nath Singh, Shri Giri, Shri V. Shanker Khadilkar, Shri R. K. Godara, Shri Mani Ram Khan, Shri I. H. Gogoi, Shri Tarun Kinder Lai, Shri Gokhale, Shri H. R. Kisku, Shri A K. Gomango, Shri Giridhar Kotoki, Shri Liladhar Kotrashetti, Shri A. K Gopal, Shri K. Goswami, Shri Dinesh Chandra Koya, Shri C H. Mohamed Gotkhinde, Shri Annasaheb Krishna Kumari, Shrimati Gowda, Shri Pampan Krishnan, Shri G. Y. Hansda, Shri Subodh Krishnappa, Shri M. V. Hanumanthaiya, Shri K. Kulkarni, Shri Raja Hari Kishore Singh, Shri Kureel, Shri B. N. Hari Singh, Shri Kushok Bakula, Shri Hashim, Shri M. M. Lakkappa, Shri K. Zshaque, Shri A. K. M. Lakshminarayanam, Shri M. R. Lambodar Baliyar, Shri Jadeja, Shri D. P. Laskar, Shri Nihar Jaffer Sharief, Shri C. K. Lutfal Hague, Shn Jagjivan Ram, Shri Jamilurrahman, Shri Md. Mahajan, Shri Vikram Jeyalakshmi, Shrimati V. Mahajan, Shri Y. S. Jha, Shri Chiranjib Maharaj Singh, Shri Jhunjhunwala, Shri Bishwanath Mahishi, Dr. Sarojini Jitendra Prasad, Shri Majhi, Shri Gajadhar Joseph, Shri M. M Majhi, Shri Kumar Joshi, Shri Popatlal M. Malaviya, Shri K. D. Jos hi, Shrimati Subhadra Malhotra, Shri Inder J> Kadarn, Shri J. G. Mallanna, Shri K. Kadannappalli, Shri Ratnachandran Mallikarjun, Shri Kader, Shri S. A. Mandal, Shri Jagdish Narain Kahandole, Shri Z. M. Mandal, Shri Yamuna Prasad Kailas, Dr. Manhar Shri Bhagatraan Kakodkar, Shri Purushotam Maurya, Shri B P. Xakoti, Shri Robin Mehta, Dr. Mahipatray Kalingarayar, Shri Mohanra» Melkote, Dr. G. S. Kamskshaiah, Shri D. Mirdha, Shri Nathu Ram Kamala Prasad, Shri Mishra, Shri Bibhuti Kamble, Shri N. S. Mishra, Shri G- S. Kamble, Shri T. D. Mishra, Shri Jagannatfe 265 Coruitottbm KARTIKA 10, 1898 (SAKA) (44th Amdt.) BUI

Modi, Shri Shrikiahan Mohan Swarup, Shri Patnaik, Shri Bandmali Mohapatra, Shri Shyam Sunder Patnaik, Shri J. B. Mohsin, Shri F. H. Peje, Shri S. L. Muhammed Sheriff, Shri Pradhan, Shri Dhan Shah Munsi, Shri Priya Ranjan Das Pradhani, Shri K. Murmu, Shri Yogesh Chandra Purty, Shri M. S. Murthy, Shri B. S. Qureshi, Shri Mohd. Shaft Nahata, Shri Amrit Raghu Ramaiah, Shri K. Naik, Shri B. V. Rai, Shri S K. Nanda, Shri G. L. Rai, Shrimati Sahodrabai Nayak, Shri Baksi Raj Bahadur, Shri Negi, Shri Pratap Singh Rajdeo Singh, Shri Nimbalkar, Shri Raju, Shri M. T. Oraon, Shn Kartik Raju, Shri P. V. G. Oraon, Shri Tuna Ram, Shri Tulmohan Pahadia, Shri Jagannath Ram Dayal, Shri Painuli, Shri Paripoornanand Ram Sewak, Ch. Palodkar, Shri Manikrao Ram Singh Bhai, Shri Pandey, Shri Damodar Ram Surat Prasad, Shri Pandey, Shri Krishna Chandra Ram Swarup, Shri Pandey, Shri Narsingh Narain Ramji Ram, Shri Pandey, Shri R. S. Ramshekhar Prasad Singh, Shri Pandey, Shn Sudhakar Ranabahadur Singh, Shri Pandey, Shri Tarkeshwar Rao, Shrimati B Radhabai A. Pandit, Shri S T. Rao, Shri J. Rameshwar Panigrahi, Shri Chintamani Rao, Shri Jagannath Pant, Shri K. C. Rao, Dr. K. L. Paokai Haokip, Shri Rao, Shri K Narayana Parashar, Prof Narain Chand Rao, Shri M S Sanjeevi Parikh, Shri Rasiklal Rao, Shri M Satyanarayan Parthasarthy, Shri P. Rao, Shri Nageswara Paswan, Shri Ram Bhagat Rao, Shri P. Ankineedu Prasada Patel, Shri Arvind M. Rao, Shri Pattabhi Rama Patel, Shri Natwarlal Rao, Shri Rajagopala Patel, Shri Prabhudas Rao, Dr V. K. R. Varadaraja Patel, Shri R. R. Rathia, Shri Umed Singh Patil, Shri Anantrao Raut, Shri Bhola Patil, Shri C. A. Ravi, Shri Vayalar Patil, Shri E. V Vikhe Ray, Shrimati Maya Patil, Shri Kriahnarao Reddy, Shri K. Kodanda Rami Patil, Shri S. B. Reddy, Shri K. Ramakrishna Patil, Shri T. A. Reddy, Shri M. Ram Gopal 9*7 Comtitution NOTOMBER X, 1976 (44th Am&t) BiU

Reddy, Shri P. Bayapa Reddy, Shri P. GttAga Khmde, Shri Annaaaheb P. Reddy, Shri P. Narasimha Shivappa, Shri N. Reddy, Shri P. V. fchivnath Singh, Shri Reddy, Shri Sidram Shukla, Shri B. R. Richhariya, Dr. Govind Das Shukla, Shri Vidya Cltaran Rohatgi, Shrimati Sushila aiddayya, Shri S. M. Roy, Shri Bishwanath Siddheshwar Prasad, Prof. Rudra Pratap Singh, Dr. fuigh, Shri Vishwanath Pratap Sadni, Shri Mulki Raj S«nha, Shr: Dharam Bir Salve, Shri N K. P. Sinha, Shri Nawal Kishore Samanta, Shn S C. Sinha, Shri R. K. Sanghi, Shri N K. Schan Lai, Shri T. Sangliana, Shri Sokhi, Sardar Swaran Singh Sankata Prasad, Dr. Stephen, Shn C. M. Sant Bux Singh, Shn Subramaniam, Shri C- Sazkar, Shri Sakti Kumar Sudarsanam, Shri M. Satish Chandra, Shri bundei Lai, Shri Satpathy, Shri Devendra Su'endra Pal Singh, Shri Satyanarayana, Shri B. Siryanarayana, Shri K. Savant, Shri Shankerrao bwaminalhan, Shri R- V. Savitri Shyam, Shrimati Swamy, Shri Sidrameshwar Sayeed, Shri P. M. Swaran Singh, Shri Scindia, Shri Madhavrao Tarodekar, Shri V. B. Sen, Shri A K. Tayyab Hussain, Shri Sethi, Shri Arjun Tewari, Shri Shankar Shefee, Shri A. Tiiiukre. Shri S. B. Shafquat Jung, Shri Thakur, Shn Knshnarao Shahnawaz Khan, Shri Tiwari, Shri R G. Slijiilani, Shri Chandra Tombi Singh, Shri N. Shambhu Nath, Shri Tula Ram, Shri Shankar Dayal Singh, Shri Tulsi Ram, Shn V. Sh&nkaranand, Shri B. Uikey, Shri M. G. S!i*rma, Shri A. P Ulaganambi, Shri R. P. Sharma, Dr. H. P. Vekaria, Shri Sharma, Shn Madhoram Venkatasubbaiah, Shri P. Sharma, Shri Nawal Kishore Venkatswamy, Shri G. Sharma* Dr Shanker Dayal Verma, Shri Balgovind Shashi Bhushan, Jhri Verrra, Shri Sukhdeo Prasad Shastri, Shri Biswanarayan Vidyalankar, Shri Amamath Shastri, Shri Sheopujan Vikal, Shri Ram Chandra Shinoy, Shri P R. Yadav, Shri Chandrajit Shetty, Shri K. K. Yadav, Shri D. P. 359 Constitution KARTIKA 10, 1898 i&AKA) <44th Arndt.) Bill vjo tfadalv, Shri Karan Singh House and by a majority of not lest Ywiav, Shri N. P. than two-thirds of the Members pre- Vadav, Shri R. P. sent and voting. The motion was adopted. NOES Clause 43 was added to the Bill. Banerjee, Shri S. M. Blhargavi Thankappan, Shrimati Clause 44 Bhaura, Shri B. S. Chandra Shekhar Singh, Shri MR. SPEAKER: It will now put amendment No. 478 to Clause 44 Chandrappan, Shri C. K. moved by Shri Indrajit Gupta to the Deshpande, Shrimati Roza vote of the House. Gupta, Shrj Indrajit The question is: Janardhanan, Shri C. Jha, Shri Bhogendra Page 13, for lines 13 to 17, substitute— Jharkhande Rai, Shri Kalyanasundaram, Shri M. “Provided that where it is Kathamuthu, Shri M. proposed after such inquiry, to impose upon him any such pe- Krishnan, Shrimati Parvathi nalty, such penalty may be im- Manjhi, Shri Bhola posed on the basis of the evid- Mayathcwr, Shri K. ence adduced during such inquiry after giving such person ade- Mukerjee, Shn H. N. quate opportunity of making re- Muruganatham, Shri S. A. presentation on the penalty pro* Panda, Shri D K. posed:” (478) Pandcy, Shri Sarjoo The Lok Sabha divided: Saksena, Prof. S. L. Sambhali, Shri Ishaque Divirion No. 28)] Sen, Dr Ranen [18.37 hrs. Shastri, Shri Ramavtar Somasundaram, Shri S. D. AYES Vijay Pal Singh, Shri Banerjee. Shri S. M. Bhargavi Thankappan, Shrimati MR. SPEAKER The result* of Bhaura, Shri B S. the division if: Ayes: 338; Chandra Shekhar Singh, Shn Chandrappan, Shri C. K. Noes: 25. Deshpande, Shrimati Roza The motion is carried by a majo- Dhote, Shri Jambhuwant rity of the total membership of the Gupta, Shn Indrajit

•The following Members also recorded their votes: AYES: Sarvashri Raghunandan Lai Bhatia, Dhan Shah Pradhan, D. N. Tiwari, Ram Prakash, Genda Singh and Shrimati M. Godfrey; NOES; Sarvashri N. Sreekantan Nair, K. M. Madhukar and P. G. Mav&lankar. 271 Constitution NOVEMBER 1, 1976 (44tH Arndt.) B ill %-p,

Janardhanan, Shri C. Barman, Shri R. N. Jha, Shri Bhogendra Barua, Shri Bedabrata Jharkhande Rai, Shri Barupal, Shri Panna Lai Xalyanasundanun, Shri M. Basappa, Shri K. Kathamuthu, Shri M. Basumatari, Shri D. Krishnan, Shrimati Parvathi Besra, Shri S. C •Madhukar’, Shri K. M. Bhagat, Shri H. K. L. Manjhi, Shri Bhola Bhargava, Shri Basheshwar Nath Mayathevar, Shri K. Bhatia, Shri Raghunandan Lai Muruganantham, Shri S. A. Bhattac^iaryyia, Shri Chapalendu Panda, Shri D. K. Bheeshmadev, Shri M. Pandey, Shri Sarjoo Bhuvarahan, Shri G. Reddy, Shri Y. Eswara Bist, Shri Narendra Singh Saksena, Prof- S. L. Brahmanandji, Shri Swami Sambhali, Shri Ishaq ue Brij Raj Singh—Kotah, Shri Sen, Dr. Ranen Buta Singh, Shri Shastri, Shri Ramavatar Chakleshwar Singh, Shri Somasundaram, Shri S. D. Chandra Gowda, Shri D B. Vijay Pal Singh, Shri Chandrakar, Shri Chandulal Chandrashekharappa Veerabasappa, Shri T. V. NOES Chandrika Prasad, Shri Chaturvedi, Shri Rohan Lai Achal Singh, Shri Chaudhari, Shri Amarsinh Aga, Shri Syed Ahmed Chaudhary, Shri Nitiraj Singh Agrawal, Shri Shrikrishna Chavan, Shrimati Premalabai Ahirwar, Shri Nathu Ram Chavan, Shri Yeshwantrao Alagesan, Shri O. V. Chellachami, Shri A. M. Ambesh, Shri Chhotey Lai, Shn Anand Singh, Shri Chhutten Lai, Shn Ankineedu, Shri Maganti Chikkalingaiah, Shri K. Ansari, Shri Ziaur Rahman Choudhary, Shri B. E. Appalanaidu, Shri Daga, Shri M. C. Arvind Netaim, Shri Dalbir Singh, Shri Austin, Dr. Henry Dalip Singh, Shri Awdhesh Chandra Singh, Shri Darbara Singh, Shri Azad, Shri Bhagwat Jha Das, Shri Anadi Charan Aziz Imam, Shri Das, Shri Dhamidhar Babunath Singh, Shri Dasappa, Shri Tulsidas Bajpai, Shri Vidya Dhar Daschowdhury, Shri B. K. Balakrishniah, Shri T. Deo, Shri P. K. Banamali Babu, Shri Deo, Shri R. R. Singh Banera, Shri Hamendra Singh Deo, Shri S. N. Singh Banerjee, Shrimati Mukul Desai, Shri D. D. -373 Gmutitvtion JpARTJKA Id, 1898 (SAKA) (44th Arndt) SOI 374

Deaiunakh, Shri K. G. Jha, Shri Chiranjlb Deshmukh, Shri Shivaji Rao S. Jitendra Prasad, Shri pbamankar, Shri Joseph, Shn M. M. Dharamgaj Singh, Shri Joshi, Shn Popatlal M. DbUlon, Dr. G. S. Joshi, Shnmati Sulbhadra Dhusia, Shri Anant Prasad Kadam, Shri Dattajirao Dineah Singh, Shri Kadannappalli, Shri Ramachandran Dixit, Sbri G C Kader, Shri S A. Dixit, Shn Jagdish Chandra Kahandole, Shri Z. M. Dube, Shri J P. Kailas, Dr. Dumada, Shri L K. Kakodkar Shri Purushottam Dwivedi, Shn Nageshwar Kakoti, Shn Robin \ Engti, Shri Biren Kalingarayar, Shri Mohanraj Gaekwad, S in Fatesmghrao Kamakshaiah, Shri D. Kamala Prasad, Shri , Gandhi, Shrimati Inoura Kamble, Shri T. D. ‘ Ganesh, Shri K. R. Karan Smgh, Dr. ' Ganga Devi, Shnmati Kaul, Shrimati Sheila Gangadeb, Shn P. Kavde, Shri B. R. Gavit, Shn T H Khadilkar, Shri R. K. George, Shn A C. Khan, Shri I. H. Ghosh, Shn P K Kinder Lai, Shri Gill, Shn Mohinder Singh Kisku, Shn A K. Giri, Shn V Shanker Kotoki, Shn Liladhar 'lodara, Shn Mam Ram Kotrashetti, Slin A K. Godfrey, Shnmati M Koya, Shn C H Mohamed jogoi, Shn Tarun Krishna Kuxnari, Shnmati Gokhale, Shn H R. Knshnan, Shn G Y. Gomango, Shn Giridhar Knshnappa, Shri M. V. Gopal, Shri K Kureel, Shn B N Goswami, Shri Dinesh Chandra Kushok B&kula, Shri Gotkhmde, Shn Annasaheb 1 akkappa, Shn K. Gowda, Shn Pampan Lakshmmarayanan, Shri M. R. Hansda, Shn Subodh Lambodar Balxyar, Shri Hanumanthaiya, Shri K Laskar, Shri Nihar Han Kishore Singh, Shri Han Smgh, Shn Lutfal Haque, Shri Hashim, Shn M M. Mahajan, Shn Vikram Ishaque, Shn A K M Mahajan, Shri T . 8. Jade?a, Shn D. P. Maharaj Smgh, Shri Jailer Shanef, Shn C K Mahishi, Dr. Sarojini Majhi, Shri Gajadhar Jagjivan Ram, Shri Majhi, Shn Kumar Jamilurrahman, Shri Md. ( Jeyalaksbmi, Shrimati V. Malavfya, Shri K. D. 275 Constitution NOVEMBER I, 1976 (44th Amdt.) Bttf

Malhotra, Shri Under J. Parflth, Shri Raa&Ul Mallanna, Shri K- Parthasarathy, Shri p. Mallikarjun, Shri Patel, Shri Arvind M. Mandal, Shri J .N. Patel, Shri Natwarlal Mandal, Shri Yamuna Prasad Patel, Shri Prabhudas Manhar, Shri Bhagatram Patel, Shri R. R. Maury a, Shri B. P. Patil, Shri Anantrao Mehta, Dr. Mahipatray Patil, Shri C. A. Melkote, Dr. G. S. Patil, Shri E. V. Vikhe Mirdha, Shri Nathu Ram Patil, Shri Krishnarao Mishra, Shri Bibhuti Patil, Shri S. B. Mishra, Shri G. S. Patil, Shri T. A. Mishra, Shri Jagannath Patnaik, Shri Banamali Modi, Shri Shrikishan Patnaik, Shri J. B. Mohan Swarup, Shri Peje, Shri S. L. Mohapatra, Shri Shyam Sunder Pradhan, Shri Dhan Shah Mohsin, Shri F. H. Pradhani, Shri K. Muhanuned Sheriff, Shri Purty, Shri M. S. Munsi, Shri Priya Ranjan Das Qureshi, Shri Mohd. Shaft Murmu, Shri Yogesh Chandra Raghu Ramaiah, Shri K. Murthy, Shri B. S. Rai, Shri S. K. Nahata, Shri Amrit Rai, Shrimati Sahodrabai Naik, Shri B. V. Raj Bahadur, Shri Nanda, Shri G. L. Rajdeo Singh Nayak Shri Baksi Raju, Shri M T. Negi, Shri Pratap Singh Raju, Shri P. V. G. Nimbalkar, Shri Ram. Shri Tulmohan Oraon, Shri Kartik Ram Dayal, Shri Oraon, Shri Tuna Ram Sewak, Ch. Pahadia, Shri Jagannath Ram Singh Bhai Painuli, Shri Paripoomanand Ram Surat Prasad, Shri Palodkar, Shri Manikrao Ram Swarup, Shri Pandey, Shri Damodar Ramji Ram, Shri Pandey, Shri Krishna Chandra Ramshekhar Prasad Singh, Shri Pandey, Shri Narsingh Narain Ranabahadur Singh, 8L*1 Pandey, Shri R. S. Rao, Shnmati B Radhabai A. Pandey, Shri Sudhakar Rao, Shri J. Rameshwar Pandey, Shri Tarkeshwar Rao, Shri Jagannath Pandit, Shri S. T. Rao Dr K. L. Panigrahi, Shri Chintamani Pant, Shri K. C. Rao, Shri K. Narayana 90U>kai Haokip, Shri Rao, Shri M. S. Sanjeevi Parashar, Prof. Narain Chand Rao, Shri M. Satyanarayan *77 -CwMttttttion KAJRTIKA 10, 1898 (SAKA) (44th Amdt.) Bill

Rao, Shfi Nageswara Shankar Dayal Singh, Shri Rao, Shri P. Ankineedu Prasada Shankaranand, Shri B. Rao, Shri Pattabhi Rama Sharma, Shri A. P. Rao, Shri Rajagopala Sharma, Dr. H. P. Rao, Dr. V. K. R. Varadaraja Sharma, Shri Madhoram Rathia, Shri Umed Singh Sharma, Shri Nawal Kishore Raut, Shri Bhola Sharma, Dr. Shanker Dayal Ravi, Shri Vayalar Shashi Bhushan, Shri Ray, Shrimati Maya Shastri, Shn Biswanarayan Reddy, Shri K. Kodanda Rami Shastn, Shri Sheopujan Reddy, Shri K. Ramakrishna Shenoy, Shri P. R. Reddy, Shri M. Ram Gopal Shetty, Shri K. K. Reddy, Shri P Bayapa Shinde, Shri Annasaheb P. Reddy, Shri P. Ganga Shivappa, Shri N. Reddy, Shn P. Narasimha Shivnath Singh, Shn Reddy, Shri P. V. Shukla, Shri B. R. Reddy, Shn Sidram Shukla, Shri Vidya Charan Richhariya, Dr. Govind Das Siddayya, Shri S. M. Rohatgi, Shrimati Sushila Siddheshwar Prasad, Prof. Roy, Shri BislhuAanatlh Sinph, Shri Vishwanath Pratap Rudra Pratap Singh, Dr. Sinha, Shri Dharam Bir Sinha, Shri NaWal Kishore Saini, Shri Mulki Raj Sinha, Shri R K. Salve, Shri N. K. P. Sohan Lai, Shri T. Samanta, Shri S. C. Sokhi, Sardar Swaran Singh Sanghi, Shri N. K. Stephen, Shri C. M. Sangliana, Shri Subranianiam, Shn C. Sankata Prasad, Dr. Sudaisanam, Shri M. Sant Bux Singh, Shri Sunder Lai, Shri Sarkar, Shn Sakti Kumar Surendra Pal Singh, Shri Satish Chandra, Shri Suryanarayana, Shri K. Satpathy, Shri Devendra S>vani;n8than, Shri R. V. Satyanarayana, Shri B. Swamy, Shri Sidrameshwar Savant, Shri Shankerrao Sivaran Singh, Shri Savitri Shyam, Shrimati Sayeed, Shri P. M. Tarodeker, Shri V. B. Scindia, Shri Madhavrao Tayyab Hussain, Shri Sen, Shri A. K. Terwari, Shri Shankar Sethi, Shri Arjun Thakre, Shri S. B. Shafee, Shri A. Shafquat Jung, Shri Thakur, Shri Krishnarao Shahnawaz Khan, Shri Tiwari, Shri R, G. Shattani, Shri Chandra Tiwary, Shri D. N. Sihamhhu Nath, Shri Tombi Singh, Shri N. 279 Constitution NOVEMBER 1, 1976 (Mtft Amdt.) Bitt 280

Tula Ram, Shri Alagesan, Shri O. V. Tulsifam, Shri V. Ambesh, Shri Uflsey, Shri M. G. Anand Singh, Shri Ulaganambi, Shri R. P. Ansari, Shri Ziaur Rahman Vekaria, Shri Appalanaidu, Shri Venkatasubbaiah, Shri P. Arvind Netam, Shri Venkatswamy, Shri G. Austin. Dr. Henry Verma, Shri Balgoind Awdhesh Chandra Singh, Shri Verma, Shri Sukhdeo Prasad Azad, Shri Bhagwat Jha* Vidyalankar, Shri Amarnath Aziz Imam, Shri Vikal, Shri Ram Chandra Bahunath Singh, Shri Yadav, Shri Chandrajit Bajpai, Shn Vidya Dhar Yadav, Shri D- P. Balaknshniah, Shri T. Yadav, Shri Karan Singh Banamali Babu, Shri Yadav, Shri N. P. Banerjee, Shrimati Mukul Yadav, Shri R. P. Barman, Shn R. N. Barua, Shri Bedabrata MR SPEAKER: The result* of the Barupal, Shn Panna Lai division is: Ayes 27; Noes 336. Basappa, Shri K. The motion was negatived. Basumatan, Shn D MR. SPEAKER: I will now put all Besra, Shn S. C. the other amendments to Clause 44 to Bhagat, Shri H. K L. the vote of the House Bhargava, Shri Basheshwar Nath Amendments Nos. 332, 345 and 477 Bhatia, Shn Raghunandan Lai were put and negatived Bhattacharyyia, Shri Chapalendu Bheeshmadev, Shn M MR. SPEAKER: The question is: Bhuvarahan, Shn G. “That Clause 44 stand part of the Bin." Bist, Shn Narendra Singh Brahmanandji, Shri Swami The Lok Sabha divided. Bnj Raj Singh—Kotah, Shri Buta Sinfih, Shri Division No. 24] [18.37 hrs. Chakleshwar Singh, Shn AYES Chandra Gowda, Shri D. B. Chandrakar, Shri Chandulal Achal Singh, Shri Chandrashekharappa Veerabasappa, Shn T. V. Aga, Shri Syed Ahmed Chandra Prasad, Shri Agrawal, Shri Shrikrishna Chaturvedi, Shri Rohan Lai Ahirwar, Shri Nathu Ram Chaudhari, Shn Amarsinh

•The following Members also recorded their votes for NOES: Sarvshrj Kedar Nath Singh, c. D. Gautam, Ram Bhagat Paswan, R«tn Prakash, J. G. Kadam and Genda Singb. 38x Co*wttta8on. KABTJXA 10, 18W (SAKA) <44StH Amdt.) Bill 28 2

Chaudhary, Shri Nitiraj Singh Hanumanthaiya, Shri K. Chavan, Shrimati Premalabai lu ri Kishore Singh, Shri Chavan, Shri Yeshwantrao Hari Singh, Shri Chellachami, Shri A. M. Hashim, Shri M. M. Chhotey Lai, Shn Ishaque, Shri A. K. M. Chhutten Lai, Shri Jadeja, Shri D. P. Chikkalingaiah, Shri K. Jaffer Sharief, Shri C: K. Choudhary, Shri B. E. Jagjivan Ram, Shri Daga, Shri M. C Jamilurrahman, Shri Md. Dalbir Singh, Shri Jeyalakshmi, Shrimati V. Dalip Singh, Shri Jha, Shri Chiranjib Darbara Singh, Shri Jhunjhunwala, Shri Bishwanath Das, Shri Anadi Charan Jitendra Prasad, Shri Das, Shri Dharmdhar Joshi, Shri Popatlal M. Dasappa, Shri Tulsidas Joshi, Shrimati Subhadra Daschowdhury, Shri B. K. Kadam, Shri Dattajirao Deo, Shri P. K. Kadam, Shri J. G. Deo, Shri R. R. Singh Kadannappalli, Shri Ramachandran Deo, Shri s. N. Singh Kader, Shri S. A. Desai, Shri D. D. Kahandole, Shri Z. M. Deshmukh, Shri K G. Kailas, Dr. Deshmukh, Shri Shivaji Rao S. Kakodkar, Shri Purushottam Dhamankar, Shri Kakoti, Shri Robin Dharamgaj Singh, Shri Kalingarayar, Shri Mohanraj Dhillon, Dr. G. S. Kamakshaiah, Shri D. •Dhote, Shri Jambuwant Kamala Prasad, Shri Dhusia, Shri Anant Prasad Kamble, Shri N. S. Dinesh Singh, Shri Kamble, Shri T. D. Dixit, Shri G. C. Karan Singh, Dr. Dixit, Shri Jagdish Chandra Kaul, Shrimati Sheila Dube, Shri J. P. Kavde, Shri B. R. Dumada, Shri L. K. Kedar Nath Singh. Shri Dwivedi,, Shri Nageshwar Khadilkar, Shri B. K. Engti, Shri Biren Khan, Shri I. H. Gaekward, Shri Fatesinghrao Kinder Lai, Shri Gandhi, Shrimati Indira Kisku, Shri A K. Ganesh, Shri K. R. Kotoki, Shri Liladhar Ganga Devi, Shrimati Kotrashetti, Shri A. K. Gangadeb, Shri P. Koya, Shri C. H. Mohamed Gautam, Shri C D. Krishna Kumari, Shrimati Gavit, Shri T. H. Kri3hnan, Shri G. Y. George, Shri A C. Krishnappa, Shri M. V. Ghosh, Shri P. K. Kulkarni, Shri Raja Gill, Shri Mohinder Singh Kureel, Shri B N. Giri, Shri V. Shanker Kushok Bakula, Shri Godara, Shri Mani Ram Lakkappa, Shri K. Godfrey, Shrimati M. Lakshminarayanan, Shri M. R. Gogoi, Shri Tarun Lambodar Baliyar, Shri Gokhale, Shri IT. R. Laskar, Shri Nihar Gomango, Shri Giridhar Lutfal Hague, Shri Go pal, Shri K. Mahajan, Shri Vikram Goswami, Shri Dinesh Chandra Mahajan, Shri Y S. Maharaj Singh, Shri Gotkhinde, Shri Annasaheb Mahishi, Dr. Sarojini Gowda, Shri Pampan Majhi, Shri Gajadhar Hansda, Shri Subodh Majhi, Shri Kumar •Wrongly voted for AYES. 2*3 Coftrtfftttton NBtta&SH 1, i l » t«kh A*mi Ml *&( Malaviya, Shri K O. MaJhotra, Shri Inder J. Patil, Shri S. B. Mallanna, Shri K. Patil, Shri T. A. MaUikarjun, Shri Patnaik, Shri Banamali Mandal, Shri Jagdish Narain Patnaik, Shri J. B. Mandal, shri Yamuna Prasad Peje, Shri S. L. Manhar, Shri Bhagatram Pradhan, Shri Dhan Shah Maurya, Shri B. P. Pradhani, Shri K. Mehta, Dr. Mahipatray Purty, Shri M. S. Melkote, Dr. G. S. Qureshi, Shri Mohd. Shaft 'Mirdha, Shri Nathu Ram Raghu Ramaiah, Shri K. Mishra, Shri Bibhuti Ral, Shri S. K. Mishra, Shri G. S. Rai, Shrimati Sahodrabai Mishra, Shri Jagannath Raj Bahadur, Shri Modi, Shri Shrikishan Rajdeo Singh, Shri Raju, Shri M. T. Mohan Swarup, Shri Mohapatra, Shri Shyam Sunder Raju, Shri P. V. G. Mohsin, Shri F. H. Ram, Shri Tulmohan Muhammed Sheriff, Shri Ram Dayal, Shri Munsi, Shri Priya Ranjan Das •Ram Hedaoo, Shri Murmu, Shri Yogesh Chandra Ram Prakash, Shri Murthy, Shri B. S. Ram Sewak, Ch Nahata, Shri Amrit Ram Singh Bhai, Shri Naik, Shri B. V. Ram Surat Prasad, Shri Nair, Shri Sreekantan Ram Swarup, Shri Nanda, Shri G. L. Ramji Ram Shri Nayak, Shri Baksi Ramshekhar Prasad Singh, Shri Rao, Shrimati B Radhabai A. Negi, Shri Pratap Singh Nimbalkar, Shri Rao, Shri J. Rameshwar Oraon, Shri Kartik Rao, Shri Jagannath Rao, Dr K L. Oraon, Shri Tuna Pahadia, Shri Jagannath Rao, Shri K. Narayana Painuli, Shri Paripoornanand Rao, Shri M. S Sanjeevi Palodkar, Shri Manikrao Rao, Shri M Satyanarayan Pandey, Shri Damodar Rao, Shri Nageswara Rao, Shri P. Ankineedu Prasada Pandey, Shri Krishna Chandra Rao, Shri Pattabhi Rama Pandey, Shri Narsingh Narain Rao. Shri Rajagopala Pandey, Shri R. S Rao. Dr. V. K R Varadaraja Pandey, Shri Sudhakar 'Pandey, Shri Tarkeshwar Rathia, Shri Umed Singh Raut, Shri Bhola Pandit, Shri S. T. Panigrahi, Shri Chintamani Ravi, Shri Vayalar Ray. Shrimati Maya Pant, Shri K. C Reddy, Shri K Kodanda Rami Paokai Haokip, Shri Reddy, Shri K Ramakrishna Parashar, Prof. Narain Chand Parikh, Shri Rasiklal Reddy, Shri M. Ram Gopal Reddy, Shri P. Bayapa Parthasarathy, Shri P. Reddy, Shri P. Ganga Paswan, Shri Ram Bhagat Reddy, Shri P. Narasimha Patel, Shri Arvind M. Patel, Shri Natwarlal Reddy, Shri P. V. Patel, Shri ’’rabhudas Reddy, Shri Sidram Richhariya, Dr. Govind ®as Patel, Shri R. R. Rohatgi, Shrimati Sushila Patil. Shri Ansntrao Roy, Shri Bishwanath Patil, Shri C A. Rudra Pratai> Sin

Salve, Shri N. K P. Tewari, Shri Shankar Samanta, Shri S. C. Thakre, Shri S. B. Sanghi, Shri N. K. Thakur, Shri Krishnarao Sangliana, Shri Tiwari, Shri R. G. Sankata Prasad, Dr. Tiwary, Shri D. N. Sant Bux Singh, Shri Tombi Singh, Shri N. Sarkar, Shri Sakti Kumar Tula Ram, Shri Satish Chandra, Shri Tulsiram, Shri V. Satpathy, Shri Devendra Uikov. Siri M G. Satyanarayana, Shri B. U]a<’3n£mbi, Shn R p Savant, Shri Shankerrno Vekaria. Shri Savitri Shyam, Shrimati Venkatasubbaiah, Shri P. Sayeed, Shri P M. Venkatswamy, Shri G. Scindia, Shri Madhavrao V:rma, Shri Balgovind Sen, Shri A. K. Verma, Shri Sukhdeo Prasad Sethi, Shri Arjun Vidyalankar, Shri Amarnath Shafee, Shri A. Vikal, Shri Ram Chandra Shafquat Jung, Shri Yadav, Shri Chandrajit Shahnawaz Khan, Shn Yadav, Shri D P. Shailani, Shri Chandra Yadav, Shrj Karan Singh Shambhu Nath, Shri Yadav, Shri N. P Shankar Dayal Singh, Shn Yadav, Shri R. P. Shankaranand, Shri B. Sharma, Shri A. P. NOES Sharma, Dr. H. P. Sharma, Shri Madhoram Banerjee, Shri S. M Sharma, Shri Nawal Kishore Sharma, Dr. Shanker Dayal Bhargavi Thankappan, Shrimati Shashi Bhushan, Shri Bhaura, Shri B. S. Shastri, Shri Biswanarayan Chandra Shekhar Singh, Shri Shastri, Shri Sheopujan Shenoy, Shri P. R Chandrappan, Shn C. K. Shetty, Shn K. K. Deshpande, Shrimati Rozt Shinde, Shn Annasaheb P- Gupta, Shri Indrajit Shivappa, Shri N Janardhanan, Shri C Shivanath Singh, Shri Shukla, Shri B. R Jha, Shri Bhogendra Shukla, Shri Vidya Charan Jharkhande Rai, Shri Siddayya, Shri S. M. Kalyanasundaram, Shri M Siddheshwar Prasad, Prof. Singh, Shri Vishwanath Pratap Kathamuthu, Shri M. Sinha, Shri Dharam Bir Krishnan, Shrimati Parvathi Sinha, Shri Nawal Kishore 'Madhukar,’ Shri K. M. Sinha, Shri R. K. Sohan Lai, Shri T. Manjhi, Shri Bhola Sokhi, Sardar Swaran Singh Mukerjee, Shri H. N. Stephen, Shri C. M. Muruganantham, Shri S. A. Subramaniam, Shri C. Sudarsanam, Shri M. Panda, Shri D. K. Sunder Lai, Shri Pandey, Shri Sarjoo Surendra Pal Singh, Shri Saksena, Prof. S. L. Suryanarayana, Shri K. Swaminathan, Shri R. V. Sambhali, Shri Ishaque Swamy, Shri Sidrameahwar Sen, Dr. Ranen Swaran Singh, Shri Shastri, Shri Ramavatar Tarodekar, Shri V. B. Tiayyab Hussain, Shri Vijay Pal Singh, Shri 287 Constitution NUVJEMBJCti l , 1W# . A.mat*) « u t 999

MR. SPEAKER: The result* of the Babunath Singh, Shri division is: Ayes 343, Noet 24. Bajpai, Shri Vidya Dhar Balakrishniah, Shri T. Banamali Babu, Shri The motion is carried by a majority Banera, Shri Hamendra Singh of the total membership of the House Banerjee, Shri S. M. and by a majority of not less than Banerjee, Shrimati Mukul two-thirds of the Members present Barman, Shri R. N. voting. Barua, Shri Bedabrata Barupal, Shn Panna Lai The motion was adopted Basappa, Shri K. Basumatan, Shri D Clause 44 was added to the Bill. Besra, Shri S C. Clause 45 Bhagat, Shn H. K. L. MR. SPEAKER; We shull now take Bhargava, Shri Basheshwar Nath Bhargavi Thankappan, Shrimati up clause 45 I shall now put all the amendments to this clause to the vote Bhatia, Shri Raghunandan Lai Bhattacharyvia, Shri Chapalendu of the House. Bhaura, Shri B S Bheeshmadev, Shri M. Amendments Nos 191, 541 and 651 Bhuvarahan, Shri G. toere put and negaVved. Bist, Shri Narendra Singh Brahmanandji, Shri Swami MR SPEAKER: 1 shall now put Bril Raj Singh—Kotah, Shri clause 45 to the vote of the House. Butta Singh, Shri Chakleshwar Singh, Shri The question is: Chandra Gowda. Shri D B “That clause 45 stand part of the Chandra Shekhar Singh, Shri Bill.” Chandrakar, Shri Chandulal Chandrappan Shri C K. The LoJc Sabha dtuided; Chandrashekharappa Veerabasappa, Division No. 25] [18.42 hrs. Shri T V Chandrika Prasad, Shri AYES Chaturvedi, Shri Rohan Lai Chaudhari. Shri Amarsinh Chaudhary. Shri Nitiraj Singh Achal Singh, Shri Chavan, Shrimati Premalabai Aga, Shri Syed Ahmed Chavan, Shri Yeshwantrao Agarwal, Shri Shrikrishna Chellachami. Shri A. M. Ahirwar, Shri Nathu Ram Chhotey Lai, Shri Alagesan, Shri O. V. Chhutten Lai, Shri Ambesh, Shri Chikkalingaiah, Shri K. Anand Singh, Shri Choudhari. Shri B E. Ankineedu, Shri Maganti Daga. Shri M C Appalanaidu, Shri Dalbir Singh, Shri Arvind Netam, Shri Dalip Singh, Shri Austin, Dr. Henry Darbara Singh, Shri Awadhesh Chandra Singh, Shri Das, Shri Anadi Charan Azad, Shri Bhagwat Jha Das, Shri Dharnidhar Aziz Imam, Shri Dasappa, Shri Tulsidas

•The following Members also recorded their votes: AYES: Sarvshri Maganti Ankineedu, Hemendra Singh Banera, Ranabahadur Singh and Genda Singh: NOES: Sarvashri Y. Eswara Reddy, Ram Hedaoo and Jambuwant Dhote. &$9 Constitution ^KAfiTiKA 1ft m i iSAKA) (44tf» Arndts Bill

Daschowdhury, Shri B. K. Joseph, Shri M. M. Deo, Shri P. K. Joshi, Shri Popatlal M. Deo, Shri R. R. Singh Joshi, Shrimati Subhadra Deo, Shri S. N. Singh Kadam, Shri Dattajirao Desai, Shri D. D. Kadam, Shri J. G. Deshmukh, *8bri K. G. Kadannappalli, Shri Ramachandraa Deshmukh, Shri Shivaji Rao S. Kader, Shri S. A. Deshpande, Shrimati Roza Kahandole. Shn Z. M. Dhamankar, Shri Kailas, Dr. Dharamgaj Singh, Shri Kakodkar, Shri Purushottam Dhillcm, Dr. G. S. Kakoti, Shri Robin Dhusia, Shn Anant Prasad Kaiingarayar, Shri Mohanraj Dinesh Singh, Shri Kalyanasundaram, Shri BA. Dixit, Shri G. C. Kamakshaiah, Shri D. Dixit, Shri Jagdish C'handra Kamala Prasad, Shri Dube, Shri J. P. Kamble, Shri N. S. Dumada, Shri L K. Kamble, Shri T. D. Dwivedi, Shri Nageshwar Karan Singh, Dr. Engti, Shri Biren Kathamuthu, Shri M. Gaekwad, Shri Fatesinghrao Kaul, Shrimati Sheila Gandhi, Shrimati Indira Kavde, Shri B. R. Ganesh, Shri K. R. Kedar Nath Singh, Shn Ganga Devi. Shrimati Kotrashetti, Shri A. K. Gangadeb, Shri P Khan, Shri I. H. Gautam, Shri C. D. Kinder Lai, Shri Gavit, Shri T. H. Kisku, Shri A. K. George. Shri A. C. Kotoki, Shri Liladhar Ghosh, Shri P. K. Kotrashetti, Shri A. K. Gill, Shri Muhinder Singh Koya, Shri C. H. Mohamed Giri. Shri V. Shanker Krishna Kumari, Shrimati Godara, Shri Manf Ram Krishnan, Shri G. Y. Godfrey, Shrimati M. Krishnan, Shrimati Parvathi (’•ogoi, Shri Tar-:n Krishnappa, Shri M. V. Gokhale, Shn H. R. Kulkarni, Shri Raja Gomango, Shri Giridhar Kureel, Shri B. N. Gopal, Shri K. Kushok Bakula, Shri Gofwami. Shri Dinesh Chandra Lakkappa, Shri K. Gotkhinde, Shn Annasaheh Lakshminarayanan, Shri M. R. Gowd;i. Shri Pampan Lambodar Baliyar, Shri Gupta. Shri lndra.iit Laskar, Shri Nihar ITansda, Shri Subodh Lutfal Haque. Shri Hanumanthaiya, Shri K. ‘Madhukar’, Shri K. M. Hari Kishore Singh, Shri Mahajan, Shri Vikram Hari Singh, Shri Mahajan, Shri Y. S. Hashim, Shri M. M Maharaj Singh, Shri Ishaque, Shri A. K. M. Mahishl, Dr. Sarojini Jadeja. Shri D. P. Majhi. Shri Gajadhar Jaffer Sharief. Shri C. K. Majhi, Shri Kumar Jamilurrahman, Shri Md. Malaviya, Shri K. D. Janardhanan. Shri C. Malhotra, Shri Inder J Jeyalakshmi. Shrimati V. Mallanna. Shri K. Jha, Shri Bhogendra Mallikarjun, Shri Jha, Shri Chiranjib Mandal. Shri Jagdish Narain Jharkhande Rai, Shri Mandal, Shri Yamuna Prasad Jhunjhunwala, Shri Biahwanath Manjhi, Shri Bhola Jitendra Prasad, Shri Maurya, Shri B. P. a 9 » Conatfettfo* W O W m a m h iU B L . h JM ) SiU 3W

Mehta, Dr. MaUpatraj* Patnaik, Stall J, 9 . Melkote, Dr. <3. 8. Peje, Shri 8. L. Mirdha, Shri ftatfcu R*» Pradhan, Shri Dban Shah Mishra, Shri BtUwtl Pradhani, Shri K. Milhra, Shri G. S. Purty, Shri M. S. MUIhra, Shri Jagannath Qureshi, Shri Mohd. Shaft Modi, Shn Shrikiehan Raghu Raxnalah, Shri K. Mohan Swarup, Shri Rai, Shri S. K. Mohapatra. Shri Shayam Sunder Rai, Shrimati Sahodrabai Mohsin, Shri 7. H. Raj Bahadur, Shri Muhammed Sheriff, Shri Rajdeo Singh, Shri Mukerjee, Shri H. N. Raju, Shri M. T. Munshi, Shri Priya Ranjan Das Raju, Shri P. V. G. Murmu, Shn Yogeah Chandra Ram, Shri Tulmohan Murthy, Shri B. S. Ram Dayal, Shri Muruganantham, Shri S. A. Ram Prakash, Shri Nahata, Shri Amrit Ram Sewak, Ch. Naik, Shri B. V. Ram Surat Prasad* Shri Nair, Shri Sreekantan Ram Swarup, Shri Nanda, Shri G. L. Ramji Ram, Shn Nayak, Shri Baksi Ramshekhar Prasad Singh, Shri Negi, Shri Pratap Singh Ranabahadur Singh, Shri Nimbalkar, Shri Rao, Shrimati B. Radhabai A. Oraon, Shn Kartik Rao, Shri J. Rameshwar Oraon, Shri Tuna Rao, Shn Jagannath Pahadia, Shri Jagannath Rao, Dr K. L. Painuli, Shri Paripoornanand Rao, Shri K. Narayana Palodkar, Shri Manikrao Rao, Shn M . S. Sanjeevi Pandey, Shr! Damodar Rao, Shn M. Satyanarayan Pandey, Shn Krishna Chandra Rao. Shri Nageswara Pandey, Shri Narslngh Narain Rao. Shri P Ankineedu Prasada Pandey, Shri R S Rao, Shri Pattabhi Rama Pandey, Shri Sarjoo Rao, Shri Rajagopala Pandey, Shri Sudhakar Rao, Dr. V. K. R. Varadaraja Pandey, Shri Tarkeshwar Rathia, Shn Umed Singh Pandit, Shri S. T. Raut, Shri Bhola Panigrahi, Shri Chintamani Ravi, Shri Veyalar Pant, Shri K. C. Ray, Shrimati Maya Paokai Haokip, Shri Reddy, Shri K Kodanda Rami Parashar Prof Narain Chand Reddy, Shri K. Ramakrishna Parikh, Shri Rasiklal Reddy, Shri M Ram Gopal Parthasarathy, Shri P. Reddy, Shri P. Bayapa Paswan, Shri Ram Bhagat Reddy, Shri P. Ganga Patel, Shri Arvind M. Reddy, Shri P. Narasimha Patti, Shri Natwarla] Reddy, Shri P V Patel, Shri Prabhudas Reddy, Shri Sidraxn Patti, Shri R. R. Reddy, Shri Y Eswara Patil Shri Anantrao Riehhariya Dr. Govind Das Patil, Shri C. A. Roy, Shri Bishwanath Rudra Pratap Singh, Dr. Patil, Shri B. V. Vikhe Saini, Shri Mulki Raj Patil, Shri Krishnarao Salve. Shri N K. P. Patil. Shri S. B. Samanta, Shri S. C. Patil. Shri T. A. Sambhali. Shri Ishaque Patnaik, Shri Banamali Sanghi, Shri N. K Con tU tvtitm XABTSKA 1% ISM

Sangliana, Shri Swaminathan, Shri R. V. fiaakata Praaad, Or. Swamy, Shri Sidrameshwar Bant Bux Singh, Shri Swaran Singh, Shri Sarkar, Shri S&kti Kumar Tarodekar, Shri V. B. Satish Chandra, Shri Tayyab Hussain, Shri Satpathy, Shri Devendra Tewari, Shri Shankar Satyanarayana, Shri B. Thakre, Shri S. B. Savant, Shri Shankerrao Thakur, Shri Krishnarao Savitri Shayaxn, Shrimati Tiwari, Shri R. G. Sayeed, Shri P. M. Tiwary, Shri D. N. Scindia, Shri Madhavrao Tombi Singh, Shri N Sen, Shri A. K. Tula Ram, Shri Sen, Dr. Ranen Tulsiram, Shri V Sethi, Shri Arjun Uikey, Shri M. G. Shafee, Shri A. Ulaganambi, Shri R. P. Shafquat Jung, Shri Vekaria, Shri Shahnawaz Khan, Shri Venkatasubbaiah, Shri P. Shailani, Shri Chandra Venkatswamy, Shri G. Sambhu Nath, Shri Verma, Shri Balgovind Shankar Dayal Singh, Shri Verma, Shri Sukhdeo Prasad Shankaranand, Shri B. Vidyalankar, Shri Amamath Sharma, Shri A. P. Vijay Pal Singh, Shri Sharma, Dr. H. P. Vikal. Shri Ram Chandra Sharma, Shri Madhoram Yadav, Shri Chandrajit Sharma, Shn Nawal Kishore Yadav, Shri D. P. Sharma, Dr. Shanker Dayal Yadav, Shri Karan Singh Shashi Bhushan, Shri Yadav. Shri N. P. Shastri, Shri Biswansrayan Yadav, Shri R. P. Shastri, Shri Ramavatar Shastri, Shri Sheopujan Shenoy, Shri P. R. NOES Shetty, Shri K. K. Shinde, Shri Annasaheb P. Saksena, Prof. S. L. Shivappa, Shri N. Shivnath Singh, Shri MR. SPEAKER: Th* result* of Shukla, Shri B. R. the division is: Ayes 363; Noes 1. Shukla, Shri Vidya Charan Siddayya, Shri S. M. The motion is carried by a majo- Siddheshwar Prasad, Prof. rity of the total membership of the Singh, Shri Vishwanath Pratap House and by a majority of not less Sinha, Shri Dharam Bir than two-thirds of the Member# Sinha, Shri Nawal Kishore present and voting. Sinha. Shri R. K. Sohan Lai, Shri T. The motion was adopted Sokhi, Sardar Swaran Singh Stephen, Shri C. M. Clause 45 was added to the Bill Subramaniam, Shri C. Sudarsanam, Shri M. Clause 46 Sunder Lai. Shri MR. SPEAKER: We shall now Sunendra Pal Singh, Shri take up clause 46. I shall now put Suryanarayana, Shri K. amendment No. 480 moved by Shri

•The following Members also recorded their votes for AYES: Sarvashri Ziaur Rahman Ansari, Ram Singh Bhai, Bhagatram Mannar, Genda Singh and D. K. Panda. 295 C onstitution NOVEMBER 1, 1976 (44th Am&t.) BtH »9*

S. M. Banerjee to the vote of the Bhagat, Shri H. K. L. House. Bhargava, Shri Bashechwar Nath Bhargavi Thankappan, Shrimati Amendment No. 480 was put ana Bhatia, Shri Raghunandan Lai negatived Bhattacharyla, Shri Chapalendu Bhaura, Shri B. S. MR. SPEAKER: I shall q OW put Bheeshmadev, Shri M. all the other amendments to clause Bhuvarahan, Shri G. 46 to the vote of the House. Bist, Shri Narendra Singh Amendments Nos. 13 to 15, 72 to Brahmanandji, Shri Swami 74, 96 to 98, 131 to 155, 267. 556 to Brij Raj Singh—Kotah, Shri 858, 479, 542, 565, 566, 575, 592, 635. Buta Singh, Shri 636 and 643 to 645 were put and Chakleshwar Singh, shri negatived Chandra Gowda, Shri D. B. Chandra Shekhar Singh, Shri MR. SPEAKER: The question is- Chandrakar, Shri Chandulal Chandrappan, Shri C. K. “That clause 46 stand part of the Chandrashekharappa Veerabasappa, Bill." Shri T. V. The Lok Sabha divided: Chandrika Prasad, Shri Chaturvedl, Shri Rohan La) Division No. 26] Chaudhari, Shn Amarsinh Chaudhary, Shri Nitiraj Singh [18.44 hro. Chavan, Shrimati Premalabai Chavan, Shri Yeshwantrao AYES Chellachami, Shri A M. Chhotey Lai, Shri Achal Singh, Shri Chhutten Lai, Shri Aga, Shn Syed Ahmed Chikkalingaiah, Shri K. Agrawal, Shri Shrikrishna Choudhary, Shri B. E. Ahirwar, Shn Nathu Ram Daga, Shrj M C. Alagesan, Shri O. V. Dalbir Singh, Shri Ambesh, Shn Darbara Singh, Shri Anand Singh. Shri Das, Shri Anadi Charan Ankineedu. Shn Magantl Das, Shri Dharnldhar Ansari, Shn Ziaur Rahman Dasappa, Shri Tulsidas Appalanaidu, Shri Daschowdhury, Shri B. K Arvind Netam, Shrj Deo, Shri P. K. Austin, Dr. Henry Deo, Shrj R. R. Singh Awdhesh Chandra Singh, Shri Deo, Shri S. N. Singh Azad, Shri Bhagwat Jha Desai, Shri D. D. Aziz Imam, Shri Deshmukh, Shri K. G. Babunath Singh, Shn Deshmukh, Shri Shiva}! Rao S. Bajpai, Shri Vidya Dhar Deshpande, Shrimati Roza Balakrishniah, Shrj T. Dhamankar, Shri Banamali Babu. Shri Dharamgaj Singh, Shri Banera, Shri Hamendra Singh Dhillon, Dr. G S. Banerjee, Shri S. M. Dhusia, Shri Anant Prasad Banerjee, Shrimati Mukul Dinesh Singh, Shri Barman, Shri R. N. Dixit, Shri G. C. Barua, Shri Bedabrata Dixit, Shri Jagdish Chandra Barupal, Shri Prnna Lai Dube, Shri J. P. Basappa, Shri K. Dumada, Shri L. K. Basumatari, Shri D. Dwivedi, Shri Nageshwar Besra, Shri S. C. Engti, Shri Biren ' *$7 COMtitutUm KARTIKA 10, 1898 (5A & 4) (44th B ill Gaek«*4, SHwi Fcgeifaghrao Kavde, Shri B. R. Gandhi, Shrimati Indira Kedar Nath Singh, Shri Ganesh, Shri K, a Khadilkar, Shri R. K. Ganga Devi, Shrimati Khan, Shri I. H. Gangadeb, Shri P. Kinder Lai, Shri Gautam, Shri C. D. KSsku, Shri A. K. Gavit, Shri T. J i Kotoki, Shri Liladhar George, Shri A. C. Kotrashetti, Shri A. K. Ghosh, Shri P. K. Koya, Shri C. H. Mohamed GUI, Shri Mohinder Singh Krishna Kumari, Shrimati Giri, Shri V. Shanker Krishnan, Shri G. Y. Godara, Shri Man! Ram Krishnan, Shrimati Parvathi Godfrey, Shrimati M. Krishnappa, Shri M V. Gogoi, Shri Tarun Kulkarm, Shri Raja Gokhale, Shri H. R. Kureel, Shri B. N. Gomango, Shri Giridhar Kushok Bakula, Shri Gopal, Shri K. Lakkappa, Shri K. Goswami, Shri Dinesh Chandra Lakshminarayanan, Shri M R. Gotkhinde, Shri Annasaheb Lambodar Beliyar. Shri Gowda, Shri Pampan Laskar, Shri Nihar Hansda, Shri Subodh Lutfal Haque, Shri Hari Kishore Singh, Shri ‘Madhukar’, Shri K. M. Hari Singh, Shri Mahajan, Shri Vikram Hashim, Shri M. M. Mahajan, Shri Y. S. Ishaque, Shri A. K. M. Maharaj Singh, Shri Jadeja, Shri D. P. Mahishi, Dr. Sarojini Jaffer Sharief, Shri C K. Majhi, Shri Gajadhar Jagjivan Ram, Shri Majhi, Shri Kumar Jamilurrahman, Shri Md. Malaviya, Shri K. D. Janardhanan, Shri C. Malhotra, Shri Inder J. Jeyalakshmi, Shrimati V. Mallanna, Shri K. Jha, Shri Bhogendra Mallikarjun, Shri Jha, Shri Chiranjib Mandal, Shri Jagdish Narain Jharkhande Rai, Shri Mandal, Shri Yamuna Prasad Jhunjhunwala, Shri Bishwanath Manhar, Shri Bhagatram Jitendra Prasad, Shri Man j hi, Shri Bhola Joseph. Shri M M. Maurya, Shri B. P. Joshi, Shri Popatlal M. Mehta, Dr. Mahipatray Joshi, Shrimati Subhadra Melkote, Dr. G. S. Kadam, Shri Dattajirao Mirdha, Shri Nathu Ram Kadam, Shri J. G. Mishra, Shri Bibhuti Kadannappalli, Shri Ramachandran Mishra, Shri G. S. Kader, Shri S. A. Mishra, Shri Jagannath Kahandole, Shri Z. M. Modi, Shri Shrikishan Kailas, Dr. Mohan Swarup, Shri Kakodkar, Shri Purushottam Mohapatra, Shri Shyam Sunder Kakoti, Shri Robin Mohrfn, Shri F. H. Kalingarayar, Shri Mohanraj Muhammed Sheriff, Shri Kalyanasundaram, Shri M. Munsi, Shri Priya Ranjan Das Kamakshaiah, Shri D. Murmu, Shri Yogesh Chandra Kamala Prasad, Shri Murthy, Shri B. S. Kamble, Shri N. S. Muruganantham, Shri S. A. Kamble, Shri T. D. Nahata, Shri Amrit Karan Singh, Dr. Naik, Shri B. V. Kathamuthu, Shri M. Nair, Shri Sreekantan Kami, Shrimati Sheila Nanda, Shri G. L. *99 Constitution NOVEMBER 1, 1076 (4*th AntcU.) «U) yo o [

Nayak, Shri Bakai Ramihekhar

Shankaranand, Shri S. Vttay Pal SintiL Shri Sharma, Shri A. P. Vikal, Shri Item Chandra Sharma. Dr. B. P. Yadav, Shri Chandrajit Shanna, Shri Madhoram Yadav, Shri D- P. Sharma, Shri Nawal Kishore Yadav, Shri Karan Singh Sharma, Dr. Shankar Dayal Yadav, Shri N. P. Shashi Bhushan, Shri Yadav, Shri R. P. Shastri, Shri Biswanarayan Shastri, Shri Ramavatar NOBS Shastri, Shri Sheopujan Shenoy, Shri P. R. Gupta, Shri Indrajit Shinde, Shri Annasaheh P. Mukerjee, Shri H. N. Shivappa, Shri N. Shivnath Singh, Shri Saksena, Prof. S. L. Shukla, Shri B. R. MR. SPEAKER: The result* of the Shukla, Shri Vidya Charan Division is as follows* Siddayya, Shri s . M . Siddheshwar Prasad, Prof. Ayes 362; Singh, Shri Vishwanath Pratap Noes 3. Sinha, Shri Dharam Bir Sinha, Shri Nawal Kishor The motion is carried by a m ajority Sinha, Shri R. K. of the total membership of the House Sohan Lai, Shri T. and by a majority of not less than Sokhi, Sardar Swaran Singh two-thirds of the Members present Stephen, Shri C. M. and voting Subramaniam, Shri C. The motion was adopted Sudarsanam, Shri M. Sunder Lai, Shri Clause 46 was added to the Bill Surendra Pal Smgh, Shri Suryanarayana, Shri K. Clause 47 Swaminathan, Shn R. V. 110 Swamy, Shri Sidrameshwar MR. SPEAKER: There are Gov- Swaran Pineh, Shrj ernment amendments. I shall put all the amendments together to the vote Tarodekar, Shrj V B Tayyab Hussain, Shri of the House. Tewari, Shr: Shankar Amendments Nos. 36, 268 and 425 were Thakre, Shri S. B. put and negatived Thakur, Shri Krishnarao Tiwari, Shri R. G. Clause IS Tiwary. Shri D- N. Tombi Singh, Shri N. MR. SPEAKER: There are no Gov- Tula Ram, Shri ernment amendments. I shall put all Tulsiram, Shri V. the amendments together to th** vote Uikey, Shri M. G. of the House. Ulaganambi, Shri R. P. Amendments Nos. 576 and 577 were Vekaria, Shri put and negatived Venkatasubbaiah, Shri P. Venkatswamy Shri G. Veraaa, Shri Balgovind Clause 49 Verma, Shri Sukhdeo Prasad MR. SPEAKER: There are no Gov- Vidyalankar, Shri Amarnath ernment amendments. I shall put all

*The following Members also recorded their vi>te« for AYES: Sarvashi B. Satyanaraysiaa, Dalip Singh. Sojudnr Pandey and Oesda Singh. r o > e & n m * « in ‘ N o m o n a 1. . a** jmm*u «m

the amendments fetfethtr to the vote patj. of the BflL" of the House,» « The Lok Sabha divided Amendments Nos 578 and 646 were put qnd negatived AYBS Clause {H Achal Singh, Shri MR. SPEAKER There are no Gov- Aga Shn Syed Ahmed ernment amendments I s i all put all Agrawal, Shri Shrkrishna the amendments together to the vote Ahirwar, Shri Nathu Ram of the House Alagesan Shri O V Ambesh Shri Amendnietnts Nos 16 17, 18, 426 427 Anand Singh Shn 481 and 603 were put and negatived Ankineedu, Shri Magantl Ansari, Shn Ziaur Rahman Clause 51 Appalanaidu, Shn Arvind Netam Shri MIR. SPEAKER There xs a Gov- Austin Dr Henry ernment amendment, No 657 which Awdhesh Chandra Singh, Shri I shall put to the vote of the House Azad Shri Bhagwat Jha Aziz Imam Shri The question is Babunath Singh, Shri “Page 7, line 1,— Bajpai Shn Vid>a Dhar Balaknshmah Shn T for “shall apply to any law” Banamali Babu S in substitute— 'shall apply also to Banera Shn Hamendra Singh any law” ” (657) Banerjee Shn S M Banerjee Shrimati Mukul The motion was aaopttd Barman Shn R N Barua Shn Bedabrata MR. SPEAKER* I shall rtou put Barupal Shn Panna Lai amendment No 482 moved by Shn Basappa Shn K Indrajit Gupta, to the vote of the Basumatari, Shn D House Besra Shn S C Amendment No 482 was put and Bhagat, Shn H K L negatived Bhargava Shn Bashe9hwar Nath Bhargavi Thankappan, Shrimati Clause 52 Bhattacharyyia Shn Chapalendu Bhaura, Shn B S MR SPEAKTR There is an arrend Bheeshmadev Shn M ment No 157, moved by Shn Stephen Bhuvarahan, Shn G Bist Shn Narendra Singh SHRI H R. GOKHALE I have ac Brahmanandji, Shri Swami cepted this amendment Bnj Raj Singh—Kotah, Shri Buta Singh Shn MR. SPEAKER The question is Chakleshwar Singh Shn Chandra Gowda, Shn D B Page 17, lines 9 and 10,— Chandra Shekhar Singh, Shri omit * specified in the First Chandrakar, Shri Chandulal Schedule’ (197) Chandrappan, Shri C K Chandrashekharappa Veerabasapps, T h t motion was adopted Shri T V Chandnka Prasad, Shri MR SPEAKER The question is Chaturvedi, Shri Rohan Lai Chaudhari ,6hri Amarsinh "That clauses 47, 4ft, 10, 51 as Chaudhary, Shri Nifiraj Stngh amended and 52 as mmmdei, stand Chavan, Shrimati PraM labat 3*5,r G in u tim o n . KARTIKA 10, 188® (JSAKA)(44 th Arndt) dtli 306 Chavan, Shri Yeshwantrao Hashim, Shn M. M. Chellachami, Shri A. it. lahaque, Shri A. K. M. Chhotey Lai. Shri Jadeja, Shri D. P. Chhutten Lai, Shri JaJTer Sharief, Shri C. K. ChikkaUngaiah, Shri K. Jagjivan Ram, Shri Cboudhary, Shri B, R Jamilurrahman, Shri Md. Daga, Shri M. C. Janardhanan, Shri C. Dalbir Singh, Shri Jeyalakshmi, Shrimati V. Dalip Singh, Shri Jha, Shri Bhogendra Darbara Singh, Shri Jha, Shn Chiranjib Das, Shri Anadi Charan Jharkhande Rai, Shn Das, Shri Dharnidhar Jhunjhunwala, Shri Bishwanath Dasappa, Shri Tulsidas Jitendra Prasad, Shri Daschowdhury, Shri B. K. Joseph, Shn M. M. Deo, Shri P. K, Joshi, Shn Popatlal M. Deo, Shri R .R. Singh Joshi, Shrimati Subhadra Deo, Shri S. N. Singh Kadam, Shri Dattajirao Desai, Shri D. D. Kadam, Shri J. G. Deshmukh, Shri K. G. Kadannappalli, Shri Ramachandrar* Deshmukh, Shri Shivaji Rao S Kader, Shri S. A. Deshpande, Shrimati Roza Kahandole, Shn Z. M. Dhamankar, Shri Kailas, Dr. Dharamgaj Singh, Shri Kakodkar, Shri Purushottam Dhillon. Dr. G. S. Kakoti, Shri Robin Dhusia, Shri Anant Prasad Kalingarayar, Shn Mohaoraj Dinesh Singh, Shri Kalyanasundaram, Shri M. Dixit, Shri G. C. Kamakshaiah, Shn D. Dixit, Shri Jagdish Chandra Kamala Prasad, Shri Dube, Shri J. P. Kamble, Shri N. S. Dumada, Shri L. K. Kamble. Shri T. D. Dwivedi, Shri Nageshwar Karan Singh, Dr. Engti, Shri Biren Kathamuthu, Shri M. Gaekwad, Shri Fatesinghrao Kaul, Shrimati Sheila Gandhi, Shrimati Indira Kavde. Shri B. R. Ganesh, Shri K. R. Kedar Nath Singh, Shri Ganga Devi, Shrimati Khadilkar, Shn R. K. Gangadeb, Shri P. Khan, Shri I. H. Gautam, Shri C. D. Kinder Lai, Shri Gavit, Shri T. H. Kisku, Shri A. K. George, Shri A. C. Kotoki, Shri Liladhar Ghosh, Shri P. K. Kotrashetti, Shri A. K. Gill, Shri Mohinder Singh Koya, Shri C. H. Mohamed Giri, Shri V. Shanker Krishna Kumari, Shrimati Godara, Shri Manl Ram Krishnan, Shri G. Y. Godfrey, Shrimati M. Krishnan, Shrimati Parvathi Gogol, Shri Tarun Krishnappa, Shri M. V. Gokhale, Shri H. R. Kureel, Shri B- N. Gomango, Shri Giridhar Kushok Bakula, Shri Gopal, Shri K. Lakkappa, Shri K. Goswami, Shri Dinesh Chandra Lakshminarayanan, Shri M. It Gotkhinde, Shri Annas aheb Lambodar Baliyar, Shri Gowda, Shri Pampan Laskar, Shri Nihar Gupta, Shri indrajit Hansda, Shri Subodh Lutfal Haque, Shri Hanumanthaiya, Shri K. •Madhukar*. Shri K. M. Bari Kishore Singh, Shri Mahajan, Shri VHtram Hart Btagh, Shri Mahajan. Shri Y. a 307 Cowtttufion NOTOlBfcR 1, !tt* (*feh Awdt.) B«1 Maharaj Singh, Shn Patel, Shri $rab&tidiMl Mahishi, D r Sarojlnl Patel, Shri R. R. Majhi, Shri Gajadhar Patil, Shri Anantrao Maj-hi, shri Kumar PatU, Shri C. A. Malaviya, Shn K. D. Patil, Shri E. V. Vlfcfce Malhotra, Shri Inder J. Patil, Shri JCrishhafa^ Mallanna, Shri K. Patil, Shri S. B. Mallikarjun, Shn Patil, Shri T. A. Man al, Shn Jagdish Narain Patnaik, Shn Banamali Mandal, Shn Yamuna Prasad Patnaik, Shn J. B tyanhar, Shri Bhagatram Peje, Shn S L. Manjhi, Shri Bhola Pradhan, Shri Dhan Shah Maurya, Shn B P Pradhani, Shn K Mehta. Dr Mahipatray Purty, Shn M S. Melkote Di G S Qureshi, Shn Mohd Shaft Mirdha Shn Nathu Ram Raghu Ramaiah, Shn K Mishra, Shn Bibhuti Rai, Shn S K Mishra, Shn G S Rai, Shrimati Sahodrabai Mishra, Shri J -'annath Raj Bahadur, Shn Modi, Shn Sh i*ishan Rajdeo Singh, Shri Mohan SwaruD, Shn Raju, Shn M T Mohapatra. Shn Shyam Sunder Raju, Shn P V G Mohsin, Shri F. H Ram Shri Tulmohao Muhammed Sheriff, Shri Ram Dayal, Shri Munsi, Shn Pnva Ranjan Das Ram Prakash, Shn Murmu, Shn Yogesh Chandra Ram Sewak. Ch Murthy, Shn B S Ram Singh Bhai, Shn Muruganantham Shn S A Ram Surat Prasad, Shn Nahata, Shn Amnt Ram Swarup, Shn Naik, Shn B V Ramji Ram Shn Nanda, Shn G L» Ramshekhar Prasad Singh, Shri Nayak, Shri Baksi Ranabahadur Singh, Shn Negi, Shn Pratap Smgh Rao Shnmati B Radhabai A Nimbalkar, Shn Rao Shri J Rameshwar Oraon, Shn Kartik Rao, Shn Jagannath Oraon, sh n Tuna Rao Dr K L Pahadia Shn Jagannath Rao Shn K Naravana Pamuh, Shn Panpoomanand Rao Shn M S Sanieevl Palodkar, Shn Mamkrao Rao, Shn M Satyanarayan Panda Shri D. K Rao Shn Nageswara Pandey, Shn Damodar Rao Shn P Ankineedu Prasad a Pandey Shn Krishna Chandra Rao Shri Pattabhi Rama Pandey, Shn Narsingh Narain Rao Shn Raiagopala Pandey. Shn R S Rao Dr V K R Varadaraja Pandev Shn Sarjoo Rathia Shn Umed Smgh Pandey, Shn sudhakar Raut Shn Bhola Pandey Shr Tarkeshwar Ravi, Shn Vayalar Pandit, Shn S T Ray Shnmat’ Mava Pamgrahi Shn Chintamam Reddy Shn K Kodanda Ramt Pant, Shn K C Reddy. Shn K Ramaknshna Paokai Haokip, Sirs Reddy Shn M Ram Gopal Parashar, Prof Narain Chand Reddy Shn P Bayaoa Parikh. Shn Rasiklul Reddy Shn P Ganga Parthasarathy, Shn P Reddy Shn P Narasimba Paswan. Shn Run Bhagat Reddy. Shn P V. Patel, Shri Arvind M Reddy. Shri Sidram Patel. Shri Natwarlal Reddy, Shn Y. Eswara 3 0 9 Constitution KAJRTIKA 10, 1898 iSAKA) iUth Amdt.) Bill

Richhariya, Dr. Govind Das Shivnath Singh, Shri Rohtagi, Shrimati SuSblla Shukla, Shri B. R. Roy, Shn Bisfcwartath Shukla, Shri Vidya Charan Rudra Pratap Sin’zh, D.\ Siddayya, Shri S. M. Saini, Shri Mulki Raj Siddheswar Prasad, Prof. Salve, Shri N. K. P. Singh, Shri Vishwanath Pratao Samanta, Shri S. C. Sinha, Shri Dharam Bir Sambhali, Shri Ishaoue Sinha, Shri Nawal Kishore Sanghi, Shri N. K. Sinha, Shri R. K. Sangliana, Shn Sohan Lai, Shri T. Sankata Prasad, Dr. Sokhi, Sardar Swaran Singh Sant Bux Singh, Shri Stephen, Shri C- M. Sarkar, Shn Sakti Kumar Subramaniam, Shri C. Satish Chandra, Shri Sudarsanam, Shri M. Satpathy, Shri Devendra Sunder Lai, Shri Satyanarayana, Shri B. Surendra Pal Singh, Shri Savant, Shri Shankerrao Suryanarayana, Shri K. Savitri Shyam, Shrimati Swaminathan, Shri R. V. Sayeed, Shri P. M. Swamy, Shri Sidrameshwar Scindia, Shri Madhavrao Swaran Singh, Shri Sen, Shri A. K. Tarodekar, Shri V. B. Sen, Dr. Ranen Tayyab Hussain, Shn Sethi, Shn Arjun Tewari, Shri Shankar Shafee, Shri A. Thakre, Shri S. B. Shafquat Jung, Shri Thakur, Shri Krishnarao Shahnawaz Khan, Shri Tiwan, Shri R. G. S’lailani, Shri Chandra Tiwary, Shri D. N. Shambhu Nath, Shn Tombi Singh, Shn N. Shankar Dayal Singh. Shri Tula Ram, Shri Shankaranand, Shri B. Tulsiram, iShn V. Sharma, Shri A. P. Uikey, Shri M. G. Sharma, Dr. H P. Ulaganambi. Shri R. P. Sharma, Shn Madhoram Vekaria, Shri Sharma, Shn Nawal Kishore Venkatasubbaiah, Shri P. Sharma, Dr. Shanker Dayal Venkatswamy, Shri G. Shashi Bhushan, Shri Verma, Shri Balgovind Shastn, Shri Biswanarayan Verma, Shri Sukhdeo Prasad Shastri, Shri Ramavatar Vidyalankar, Shn Amamath Shastri, Shn Shcopujan Vijay Pal Singh, Shri Shenoy. Shri P. R. Vikal. Shri Ram Chandra Yadav, Shri Chandrajit Shetty, Shri K. K. Yadav. Shri D. P. Shinde. Shri Annasaheb P. Yadav, Shn Karan Singh Shivappa, Shri N. Yadav, Shri R. P. 3 « i C m tM ttia h NOVEMBER 1, *97*’* H * k h Ai»4> JWt!

NOBS Chandra jHttthar S tagh, Saksena, Prof. s. L. Chandrappan, Shri C. K. Deshpande, Shrimati Rota MIR. SPEAKER: The result* 0f the Dhote, Shri Jaxnbuwant division is as follows:—Ayes- 364; Gupta, Shri Indrajit N oet; 1. Janardhanan, Shri C. The notion is carried by a majority Jha, Shri Bhogendra «* the total membership of the House Jharkhande Rai. Shri and by a majority of not less than Kalyanasundaram, Shri M. two-thirds of the Members present and Kathamuthu, Shri M. voting. Krishnan, Shrimati Parvathi ‘Madhulcar*, Shri K. M. The motion was adopted. Manjhi, Shri Bhola Mukerjee, Shri H. N. Clauses 47, 48, 49. 50, 51 u , emended Muruganantham, Shri S. A. mnd 52 as amended, were adde< to the Panda, Shri D. K. Bill Pandey, Shri Sarjoo tPatil. Shri S. B. Clause 53 Reddy, Shri Y. Eswara Mr . SPEAKER. I shall now put Saksena. Prof. S. L. amendment No. 579 by Shri Indrajit Sambhali, Shri Ishaque Gupta to the vote of the House The Sen, Dr Ranen question is; Shastrij, Shri Ramavatar Vijay Pal Singh, Shri “Page 17,— for lines 18 to 27, substitute— NOES “Provided that where a Procla mation of Emergency is in opera- Aihal Singh, Shri tion only in any part of the Aga, Shri Syed Ahmed territory of India no such law Agrawal. Shn Shrikrishna may be made and no such Ahirwar, Shri Nattau Ram executive action may be taken, Alagesan, Shri O. V. under this article in reflation to or Anand Singh. Shri in any State or Union Territory Ankineedu, Shri Maganti specified in the First Schedule in Ansari. Shri Ziaur Rahman which or in any part of which the Arvind Nelam, Shri Proclamation of Emergency is not Austin. Dr Henry in operation.", (579) Awdhesh Chandra Singh, Shn Azad, Shri Bhagwat Jha The Lok Sabha divided Aziz Imam, Shri Babunath Singh, Shri Mvtafcm No. 28] [18.52 hr® Bajpai, Shri Vidya Dhar Balakrishniah, Shri T. AYES Banamali Babu, Shri Banerjee, Shri S. M. Banera. Shri Hamendra Singh Bhaxgavi Thankappan, Shrimati Banerjee, Shrimati Mukul

(I) •The result of this division is applicable to each of the clauses 47, 48, 49, 50, 51 a amended and 52 as amended, separately; 42) The following Members also recorded their votes for AYES; Sarvashri Raghunandai Lai Bhatia, Raja Kolkarni and Oenda Singh; « j (3) Shri P. G. Mavalankar recorded his vote for NOES in respect of clauses 4ft aad 50,

fWroagly voted lor AYES. 313 Conntiivtion KARTIKA 10, 1898 (SAKA) (*4tK Arndt.) Bill 3*4

Batman, Shri R. N. Ganga Devi, Shrimati Barua^ Shri Bedabrnta Gangadeb, Shri P. Barupat, Shri P&nna Lai Gautam, Shri C. D. Baeappa, Shri K. Gavit, Shri T. H. Besra, Shri S. C. George, Shri A. C. Bhagat, Shri H. K. L. Ghosh, Shri P. K. Bhargava, Shri Basbeshwar Nath Gill, Shri Mohinder Singh Bhatia, Shri Raghunandan Lai Giri, Shri V. Shanker Bhattacharyyia, Shri Chapalendu Godern. Shri Mani Ram Bhuvarahan, Shri G. Godfrey, Shrimati M. Bist, Shri Narendra Singh Gogoi, Shri Tarun Brahmanandji, Shri Swami Gokhale, Shri H. R. Brij Raj Singh—Kotah, Shri Gomango, Shri Giridhar Buta Singh, Shri Gopal. Shri K. Chaklesbwar Sirgh, Shri Goswami, Shri Dinesh Chandra Chandra Gowda, Shri D. B. Gotkhindc, Shri Annasaheb Chandrakar. Shn Chandulal Gowda, Shri Pampan Chandrashekhaxappa Veerabasappa. Hansda. Shri Subodh Shri T. V Hamimnnthaiya, Shri K. Chandrika Prasad, Shri Hari Kishore Singh. Shri Chaturvedi, Sh'ri iRohan Lai Hari Singh. Shri Chaudhari. Shri Amarsinh Hashim. Shri M. M. Chaudhary. Shri Nitiraj Singh Ishaque, Shri A. K. M. Chavan, Shrimati Premalabai Jadeja. Shri D. P. Chavan, Shri Ycshwantrao Jrflfer Sharief, Shri C. K. Chellachami, Shri A. M. Jagjivan Ram. Shri Chhotey Lai, Shri Jamilurrahman, Shri Md. Chhutten Lai, Shri Jayalakshmi, Shrimati V. ChikkaUngaiah. Shri K. Jha, Shri Chiranjib Choudhaiy, Shri B. E Jhunjhunwala. Shri Bishwanath Daga, Shri M. C. .litendra Prasad, Shri Dalbir Singh, SWn Joshi. Shri Popatfal M. Dalip Singh, Shn Joshi. Shrimati Subtaadra Darbara Singh, Shri Kadam. Shri Daitajirao Das, Shri Anadi Charan Kadam, Shri J. G. Das. Shri Dhamidhar KadannappaUi, Shri Ramachandran Dasapp.i. Shri Tulsidas Rader. Shri S. A. Daschowdhury. Shri B. K. Kahandolp, Shri Z M Deo, ShTi P. K. Kailas. Dr. Deo. Shri R. R Singh Kakodkar. Shri Purushottam Deo, Shn S. N. Singh Kakoti. Shri Robin Desai, Shri D. D. Kalingarnyar. Shri Mohanraj Deshmukh, Shri K. G. Kamikshaiah, Shri D, Deshmukh, Shri Shivaji Rao S Kamala Prasad. Shri Dhamankar, Shri KamWle, Shri T, D. Dharamgaj Singh, Shri Karan Singh, Dr Dhillon. Dr. G. S. Kaul, Shrimati Sheila Dhusia. Shri Anant Prasad Kavde, Shri B. F!. Dinesh Singh, Shn Kedar Nath Sinrh, Shri Dixit, Shri G. C. Khan, Shri I. H Dube, Sbri J. P. Kinder Lai, Shri Dumada. Shri L. K. Kisku. Shri A. K Dwivedi, Shri NageShwar Kotoki. S]ptri Liladtaar Engti, Shri Blren Kotrashetti. Shri A. K. Gaekwad. Shri Fatealnghrao Koya, Shri C. H. Mohamed Gandhi, Shrimati Indira Krishna Kumari, Shrimail Ganedh, Shri K. R. Krishnan, Shri G. Y. 3>5 Comtttotia* NOWUBBa 1, W* U4th Amd.) S4U

Krishnappa, Shri VL V. Parikh, Shri RasikU* Xulkarai, Shri Raja Parthasarathy, Shri P. Kuahok Bakula, Sbri PasVan, Shri Rash Rhagat Lakkappa, Sbri K. Patel, Shri Arvind M. Lakshminarayanan, Shri M. B. Patel, Shn Natwarlai Lambodar Baliyar, Shri Patel, Shri Prabhuda* Laskar, Shri Nihar Patel, Sferl R. R. Lutfal Haque, Shri Patil, Shri Anantrao Mahajan, Shri Vikram Patil, Shri C. A. Mahajan, Shri Y. S. Patil, Shri E. V. Vikhs Mahishi. Dr. Sarojini Patil, Shri Krishnarao Majhi, Shn Gajadhar Patil. Shri T. A. Majhi, Shri Kumar Patnaik, Shri Banamali Malaviya, Shri K. D. Patnaik, Shri J. B. Malhotra, Shri Inder J. Peje, Shri S. L. Mallanna, Shri K. Pradhan, Shri Dhan Shah Mallikarjun. Shri Pradhani, Shri K. Mandal, Shri Jagdish Narain Purty, Shri M. S. Mandal, Shri YamUna Prasad Qureshi, Shri Mohd. Shaft Maurya, Shri B. P. Raghu Ramaiah, Shri K. Mehta, Dr. Mahdpatray Rai, Shri S. K. Melkote. Dr. G. S. Rai, Shrimati Satodrabai Mirdha, Shri Nathu Ram Raj Bahadur, Shri Mishra, Shri Bibhuti Rajdeo Singh, Shri Mishra, Shri G. S Raju. Shri M T. Mishra, Shri Jagannath Raju, Shri P. V. G. Modi, Shri Shriki^hsan Ram, Shri Tulmohan Mohan Swarup, Shri Ram Dayal, Shri Mohapatra, Shri Shyam Sunder Ram Prakash, Shri Mohsin, Shri F. H. Ram Singh Bhai, Shri Muhammed Sheriff Qhri Ram Sural Prasad, Shri Munsi, Shri Priya iRanjan Das Ram Swarup. Shri Murmu, Shri Yogesh Chandra Ram]i {Ram. Shri Murthy. Shri B. S. Ramphekhar Prasad Singh. Shri Nahata, Shri Amrit Ranabahadur Singh, Shri Naik, Shri B. V. Rao. Shrimati B. Radhabai A. Nair, Shri Sreekantan Rao, Shri J. Rameshwar Nanda, Shri G. L. Rao, Shri Jagannath Nayak, Shri Baksi Rao, Dr. K. L. Negi, Shri Pratap Singh Rao, Shri K. Narayana Nimbalkar, Shri Rao, Shri M S. Sanjeevi Oraon, Shri Kartik Rao. Shri M. Satyanarayan Oraon, Shri Tuna Rao, Shri Nageswara Palladia, Shri Jagannath Rao. Shri P. Ankineedu Prasadar Painuli, Shri Paripoomanand Rao, Shri Pattabhi Rama Palodkar. Shri Manikrao Rao, Shri Rajagopala Pandey, Shlri Damodar Rao, Dr V K. 'R. Varadaraja Pandey. Shri Krishna Chandra Rathia, Shn Umed Singh Pandey, Shri Narsingh Narain Raut, Shri Bhola Pandey, Shri R. S. Ravi, Shri Vayalar Pandey, Shri Sudhakar Ray, Shrimati Maya Pandey, Shri Tarkeshwar Reddy. Shri K. Kodanda Kami Pandit, Shri S. T. Reddy, Shri K. Ramakriahna Panigrahi, Shri Chintamani Reddy, Shri M. Ram Gopai Pant, Shri K. C. Reddy, Shri P. Beyapa Faokai Haokip, Shri Reddy, shri P. Ganga Parashar, Prof. Narain Ch&nd Reddy, Shri P. Narashnfea 3*7 KARTSXA 20, 1891 (S4XA) (44tfi Amdt.) BiU 3xt Kiddy, Shri P. V. Subramaniam, Shri C. Baddy, Shri Sttdram Sudamnam, Shri M. Richhariya, Hr.- Govtad Dm Sunder Lai, Shri RoUatgi, Sfcrii&atL'BkuhUa Surenchra Pal Sfagh, Shri Roy, Shrif BMMranafih Suryanarayana, Shri K. Rudra Pratap Singh, Dr. Swaminathan, Shri R. V. Saini, Shri Mulki Raj Swamy, Shri Sidrameshwar Salve, Shri N. K. P. Swaran Singh, Shri Samanta, Shri S. C. Tarodekar, Shri V. B. Sanghi, Shri N. K. Tayyab Hussain, Shri Sangliana, Shri Tewari. Shri Shankar Sankata Prasad, Dr Thakre, Shri S. B. Sant Bux Singh, Shri Thakur, Shri Krishnarao Sarkar, Shri Sakti Kumar Tiw.-iri, Shri R. G. Satish Chandra, Shri Tiwary, Shri D. N. Satpathy, Shri Devendra Tombl Singh. Shri N. Savant, Shri Shankerrao Tula Ram, Shri Savitri Shyam, Shrimati Tulsiram, Shri V. Sayeed, Shri P. M. Uikey, Shri M. G. Scindia, Shri Madhavrao Ulaganambi, Shri R. P. Sen, Shri A. K. Vekaria, Shri Sethi, Shri Arjun Venkatasubbaiah, Shri P. Shafee, Shri A. Venkatswamy. Shri G. Shafquat Jung, Shri Verma. Shri Balffovind Shahnawaz Khan, Shri Verma. Shri Sukhdeo Prasad Shailani, Shri Chandra Vidyalankar, Shri Amarnath Shambhu Nath, Shri Vikal, Shri Ram Chandra Shankar Dayal Singh, Shri Yadav, Shri Chandra jit Shankaranand, Shri B. Yadav, Shri D. P. Sharma, Shri A. P. Yadav, Shri Karan Singh Sharma, Dr. H. P. Yadav, Shri N. P. Sharma, Shri Madhoram Yadav. Shri R. P. Sharma, Shri Nawafl Kishore Sharma, Dr. Shanker Dayal Shashi Bhushan, Shri MR. SPEAKER: The result* of the Shastri, Shri Bisrwanarayan division is: Ayes 26; Noes 331. Shastri, Shri Sheopujan Shenoy, Shri P. R. The motion was negatived. Shetty, Shri K. K. Shinde, Shri Annasaheb P. Shivappa, Shri N. SHRI H. R. GOKHALE: I am ac- Shivnath Singh. Shri cepting amendment No. 159 of Mr. Shukla, Shri B. R. Stephen. Shukla. Shri Vidya Charan Siddayya, Shri S. M. MR. SPEAKER: Now. the question Siddheshwar Prasad, Prof. iS; Singh, Shri Vishwanath Pratap Sinha, Shri Dharam Bir Page 17, lines 21 and 22,— Sinha, Shri Nawal Kishore Sinha. Shri R. K. omit "specified in the First Sche- Sohan Lai. Shri T. dule” (159) Sokhi. Sardar Swaran Singh Stephen, Shri C. M. The motion was adopted

•The following Members also recorded their votes: AYES: Shri B. S. Bhaura; . _ NOES: Sarvshri Cb. Ram Sewak, Jagdish Chandra Divit. B. Satyanarayana, Appalanaidu. Iff. Bhesshmadev, Maharaj Singh, R. K. Khadilkar, Bhagatrsn* Manhar, Geodra Singh and S. B. Patil. ^19 Ndvibytkitk I, Itftf ' {4ith A m i) Bill j*>

ME SPEAKER: I will now put Chakleshwar Stegh, Shri amendment No, 58Q moved by Sbri Chandra Gowda, e tu i j y & Jtedrajlt Gupta to the vote of the Chandrakar, Shri Chandtdal House. Chandrashekharappa Veerabasappa, Shri T V Amendment No 580 was put and Chandrika Prasad, Shri negatived Chaturvedi, Shn Rohan Lai Chaudhan, Shri Amarsinh MR SPEAKER Now, the question Chaudhary, Shn Nitiraj Singh is Chavan, Shnmati Premalabai Chavan, Shn Yeshwantrao “That clause 53, as amended, stand Chellachami, Shri A M part of the Bill” Chhotey Lai, Shri Chhutten Lai, Shn The Lok Sabha dttnded Chikkalingaiah, Shri K Choudhary, Shri B E AYES Chowhan, Shri Bharat Singh Daga Shn M C Division No 29] 118 55 hrs Dalbir Smgh, Shn Dandav ate, Prof Madhu Achal Smgh, Shn Darbara Singh Shn Aga, Shri Syed Ahmed Das, Shn Anadi Charan Agrawal Shri Shnkrishna Das, Shn Dhamidhar Ah rwar Shn Ndlhu Ram Dasappa Shn Tu’sidas Al« sesan Shrj O V Daschowdhury Shri B K Anand Smgh, Shn Deo Shn P K Ankme d \ Shn Maganti Deo Shn R R Smgh \ isan, Snn 7iaur Rahman Deo shri S N Singh Appalanaidu, S in Desai Shn D D Arvind Netam, Shn Deshmukh Shn K G Austin Dr Henry Deshmukh, Shri Shiva )i Rao S Awdhesh Chandra Smgh, Shn Dhamank ir Shn Azad Shn Bhagwat Jha Dharamgai Sinuh Shri A /u Imam Shn Dhiilon Dr G S Babunath S ngh Shn Dhusia Shn An ml Prasad Bajpai Shn Vidya Dhar Dmesh Smgh Shn Balakrishmah, Shn T Dixit Shu G C Banamali Babu Shn Dixit Shn Jagdish Chandin Banera, Shri Hamendra Singh Dube Shn I P Banerjee Shnmati Mukul Dumada Shn I K Baxman Shn R N Dwnedi Shn Nat?eshwa» Barua, Shn Bedabrata Engti Shri Biren Barupal, Shn Panna Lai Gaekwad Shn Fatebin hrao Basappa Shn K Gandhi Shnmati Indua Basumatan, Shri D Ganesh Shn K R Besra Shn S C Ganga Devi Shrimati Bhagat, Shn H K L Gangadeb, Shn P Bhargava, Shn Basheshwar Nath Gautam Shn C D Bhatia, Shn Raghunandan Lai Gavit Shn T H Bhattacharyyia, Shn Chapalendu George, Shri A C Bheeshmadev, Shn M Ghosh Shn P K Bhuvarahan, Shri G Gill, Shri M'-hinder Singh Bist, Shri Narendra Singh Girl Shri V. Shanker Brahmanandji Shri Swami Godara, Shri Mani Ram Brij Raj Singh—Kotah, Shn Godfrey, Shrifinati M Buta Singh, Shri Gogoi, Shri Tarun 3** Constitution KARTJXA 10. 1898 i s AK A ) (44th Arndt.) Bill

Gokhale, Shri H. R. Mahajan, Shri Vikram Qomango, Shri Giridhar Mahajan, Sbri Y. S, Qopal, Shri K. Maharaj Singh, shri Gcwwami, Shri Dlneflh Chandra Mahishi, Or. Sarojini Gotkhinde, Shri Annasaheb Majhi, Shri Gajadhar Gowda, Shri Pampan Majhi,' Shri Kumar Hansda, Shri Subodh Malaviya, Shri K. D. Hanumanthaiya, Shri K. Malhotra, Shri Inder J. Hari Kishore Singh, Shri Mallanna, Shri K. fiari Singh, Shri Mallikarjun, Shri Hashim, Shri M. M. Mandal, Shri Jagdish Narain Ishaque, Shri A. K. M. Mandal, Shri Jamuna Prasad Jadeja, Shri D. P. Manhar, Shri Bhagatram Jaffer Sharief, Shri C. K. Maurya, Shri B. P. Jagjivan Ram, Shn Mehta, Dr. Mahipatray Jamilurrahman, Shri Md. Melkote, Dr. G. S Jeyalakshmi, Shrimati V. Mirdha, Shri Nr’iva Ram Jha, Shri Chiranjib Mishra, Shri Bibhuti Jhunjhunwala, Shn Bishwanath Mishra, Shri G. S. Jitendra Prasad, Shri Mishra, Shri Jagannath Joseph, Shri M. M. Modi, Shri Shrikishan Joshi, Shri Popatlal M. Mohan Swarup, Shri Joshi, Shrimati Subhadra Mohapatra, Shri Shyam Sunder Kadam, Shri J. G. Kadannappalli, Shn Ramachandran Mohsin, Shri F. H. Kader, Shri S. A. Muhammed Sheriff, Shri Kahandole, Shri Z. M. Munsi, Shri Priya Ranjan Das Kailas, Dr. Murmu, Shri Yogesh Chandra Kakodkar, Shri Purushottam Murthy, Shri B. S. Kakoti. Shri Robin Nahata, Shri Amrit Kalingarayar, Shn Mohanra] Naik, Shri B. V. Kamakshaiah, Shri D. Nair, Shri Sreekantan Kamala Prasad, Shn Nanda, Shri G. L. Kamble, Shri N. S. Nayak, Shri Baksi Kamble, Shri T. D. Negi Shri Pratap Singh Karan Singh, Dr. Nimbalkar, Shri Kaul, Shrimati Sheila Oraon, Shri Kartik Kavde, Shri B. R. Oraon, Shri Tuna Kedar Nath Singh, Shri Pahadia, Shri Jagannath Khadilkar, Shn R. K. Paitiuli, Shri Paripoornanand Khan, Shri I. H. Palodkar, Shri Manikrao Kinder Lai, Shri Pandey, Shri Damodar Kisku, Shri A. K. Pandey, Shri Krishna Chandra Kotoki, Shri Liladhar Pandey, Shri Narsingh Narain Kotrashetti, Shri A. K. Pandey, Shri R. S. Koya, Shri C. H. Mohamed Pandey, Shri Sudhakar Krishna Kumar 1, Shrimati Pandey, Shri Tarkeshwar Krishnan, Shri G. Y. Pandit, Shri S. T. Krishnappa, Shri M. V. Panigrahi, Shri Chintamani Kulkarni, Shri Raja Pant, Shri K. C. Kureel, Shri B. N. Paokai Haokip, Shri Kushok Bakula, Shri Parashar, Prof. Narain Chand Lakkappa, Shri K. Parikh, Shri Rasiklal Lakshminarayanan, Shri M. R. Parthasarathy, Shri P. Lambodar Beliyar, Shri Paswan, Shri Ram Bhagat Laskar, Shri Nihar Patel, Shrj Arvind M. Lutfal Haque, Shri Patel, Shri Prabhudas 2080 LS—11 C onstitution N 0V 8M SSR U W76 i*M h * « * •) «W

Roar, Shri Siahwanath Patel, Shri R. R. Rudra Pratap Singh, U c. Patil, Shri Anantrao Saini, Shri Mulki Raj Patil, Shri C. A. Salve, Shri N, K. P. Patil, Shri & V. Vikhe Samanta, Sari S. C. Patil, Shri Krishnarao Sanghi, Shri N. K. Patil, Shri S. B Sangliana, Shri Patil, Shri T. A. Sankata Prasad, Dr. Patnaik, Shri Banamali Sant Bux Singh, Shri Patnaik, Shri J. B. Sarkar, Shri Shakti Kumar Peje, Shri S. L. Satish Chandra, Shri Pradhan, Shri Dhan Shah Satpathy, Shri Devendra Pradhani, 9Kri K. Satyanarayana, Shri B. • Purty, Shri M. S. Savant, Shri Shankerrao QureBhi, Shri Mohd. Shaft Scindia, Shri Madhavrao Baghu Ramaiah, Shri K. Sen, Shri A. K. Rai, Shri S. K. Sethi, Shri Arjun Rai, Shrimati Sahodrabai Shafee, Shri A. Raj Bahadur, Shri Shafquat Jung, Shn Rajdeo Singh, Shri Shahnawaz Khan, Shri Raju, Shn M T. Shailam, Shri Chandra Raju, Shri P.V.G. Shambhu Nath, Shri Ram, Shri Tulmohan Shankar Dayal Singh, Shri Ram Dayal, Shri Shankaranand, Shri B. Ram Prakash, Shri Sharma, shri A. P. Ram Sewak, Ch. Sharma, Dr. H. P. Ram Singh Bhai, Shn Sharma, Shn Madhoram Ram Surat Prasad, Shri Sharma, Shri Nawal Kishore Ram Swarup, Shn Sharma, Dr. Shanker Dayal Ramji Ram, Shri Shastri, Shri Biswanarayan Ramshekhar Prasad Singh, Shri Shastri, Shri Sheopujan Ranabahadur Singh, Shri Shenoy, Shri P. R. Rao, Shrimati B. Radhabai A. Shetty, Shri K. K. Rao, Shri J. Rameshwar Shinde, Shri Annasaheb P. Rao, Shri Jagannath Shivnath Singh, Shn Rao, Dr. K. L. Shukla, Shri B. R Rao, Shri K. Narayana Shukla, Shn Vidya Charan Rao, Shri M. S. Sanjeevi Siddayya, Shri S M. Rao, Shri M. Satyanarayan Siddheshwar Prasad, Prof. Rao, Shri Nageswara Singh, Shri Vishwanath Pratap Rao, Shri P. Ankineedu Prasada Sinha, Shri Dharam Bir Rao, Shri Pattabhi Rama Sinha, Shri Nawal Kishore Rao, Dr. V. K. R. Varadaraja Sinha, Shri R K. Rathia, Shn Umed Singh Sohan Lai, Shri T. Raut, Shri Bhola Sokhi, Sardar Swaran Singh Ravi, Shri Vayalar Stephen, Shri C. M. Ray, Shrimati Maya Subramaniam, Shri C. Reddy, Shri K. Kodanada Rami Sudarsanam, Shri M. Reddy, Shri K. Ramakrishna Sunder Lai, Shri Reddy, Shri M. Ram Gopal Surendra Pal Singh, Shri Reddy, Shri P. Bayapa Suryanarayana, Shri K. Reddy, Shri P. Ganga Swaminathan, Shri R. V. Reddy, Shri P. Narasimha Swamy, Shri SidrameBhwar Reddy, Shri P. V. Swaran Singh, Shri Reddy, Shri Sidram Tarodekar, Shri V. B. Richhariya, Dr. Govind Daa Tayyab Hussain, Shri Rohatgi, Shrimati Sushila Tewari, Shri Shankar C otm m m o* i u w x u a 10. 1888 (SAKA) (44th Arndt.) Bill yuS

T t u t o t*,, Shri S. B. and by a majority of not lew than Thakur, Shri Xrtrfbnwao two-thirds of the Members present Tiwarl, Shri R» G. and voting. Tiwary, Shri D. N. The motion was adopted. Tombi Singh, Sbri N. Tula Sam, Shri Clause 83 as amended, was added to Tuh&ram, Shri V. the Bill* Uikey, Shri M. G. Ulaganambi, Shri R. P. Vekaria, Shri Clause 84 Venkatasubbaiah, Shri P. Venkatswamy, Shri G. MR. SPEAKER: I will now put Verma, Shri Balgovind the amendments of Mr. Gokhale to Verma, Shri Sukhdeo Prasad the vote of the House. Vidyalankar, Shri Amarnath The question is: Vikal, Shri Ram Chandra Yadav, Shri Chandrajit Page 17,— Yadav, Shri D. P. Yadav, Shri Karan Singh for line 40, substitute— Yadav, Shri N. P. Yadav, Shri R. P ‘(4A) “Central law" means any law other than a State Law but NOES does not include any amendment of this Constitution made under Banerjee, Shri S. M. article 368;’. (658). Bhargavi Thankappan, Shrimati Bhaura, Shri B. S. Page 18,— Chandra Shekhar Singh, Shri Chandrappan, Shri C. K. after line 4, insert— Deshpande, Shrimati Roza “(f)\ any notification, order, Gupta, Shri Indrajit scheme, rule, regulation or bye-law Janardhanan, Shri C Or any other instrument having the Jha, Shri Bhogendra force of law, not falling under sub- Jharkhande Rai, Shri clause (e), and made by a State Kalyanasundaram, Shri Government or the administrator of Kathamuthu, Shri M. a Union territory or an officer or Krishnan, Shrimati Parvathi authority subordinate to such Gov- Madhukar, Shri K. M. ernment or administrator;". (659). Manjhi, Shri Bhola Mukherjee, Shri H. N. The motion was adopted. Muruganantham, Shri S. A, Panda, Shri D. K. MR. SPEAKER: I will now put Pandey, Shri Sarjoo the amendment of Mr. Stephen to Reddy, Shri Y. Eswara vote Saksena, Prof. S. h. Sambhali, Shri Ishaque Sen, Dr. Ranen Amendment No. 164 was put and Shastri, Shri Ramavatar negatived. Vijay Pal Singh, Shri MR. SPEAKER: The question is: MR. SPEAKER; The result* of “That clause 54 as emended, stand the Division is; Ayes; 388; Noes 25. part of the Bill”. The motion is carried by « majority of the total membership of the House The Lok Sabha divided. •The following also recorded their votes for AYES: Shrimati Savitri Shyam, and Sarvashri Dattajirao Kadam, N> Shivappa Rajgopala Rao, Shashi Bhushan Ambesh and Genda Sfoifc. 3 2 7 C onstitution NOVBMBSB 1, 1870 (U th A n M m

Division No. 30] 1&58 tel. Chellachami, Shri A. I t Chhotey Lai, Shri Chhutten Lai, Shri AYES Chikkalingaiah, Shri K. Choduhary, Shri B. E. Achal Singh, Shri Aga, Shri Syed Ahmed Daga, Shri M. C. Agrawal, Shrj Shriknshna Dalbir Singh, Shri Ahirwar, Shri Nathu Bam Dalip Singh, Shri Alagesan ,Shri O. V. Darbara Singh, Shri Ambesh, Shri Das, Shri Anadi Charan Anand Singh, Shri Das, Shri Dharnidhar Ankineedu, Shri Maganti Dasappa, Shri Tulsidas Ansan, Shri Ziaur Rahman Daschowdhury, Shri B. K. Appalanaidu, Shri Deo, Shri P. K. Arvind Netam, Shri Deo, Shri R. R .Singh Austin, Dr. Henry Deo, Shri S. N. Singh Awdhesh Chandra Singh, Shri Desai, Shri D. D. Azad, Shri Bhagwat Jha Deshmukh, Shri K. G. Aziz Imam, Shri Deshmukh, Shri Shivaji Rao S. Babunath Singh, Shri Deshpande, Shrimati Roza Bajpai, Shri Vidya Dhar Dhamankar, Shri Banamali Babu, Shri Dharamgaj Singh, Shri Banera, Shri Hamendra Singh Dhillon, Dr G. S. Banerjee, Shri S. M. Dhusia, Shri Anant Prasad Banerjee, Shrimati Mukul Dinesh Singh, Shn Berman, Shri R. N. Dixit, Shri G. C. Barua, Shri Bedabrata Dixit, Shri Jagdish Chandra Barupal, Shri Panna Lai Dube, Shri J. P. Basappa, Shri K. Dumada. Shri L K. Basumatari, Shri D. Dwivedi, Shri Nageshwar Besra, Shri S C. Engti, Shn Biren Bhagat, Shri H. K. L. Gaekwad, Shn Fatesinghrao Bhargava, Shri Basheshwar Nath Gandhi, Shnmati Indira Bhargavi Thankappan, Shrimati Ganesh, Shri K. R. Bhatia, Shri Raghunandan Lai Ganga Devi, Shrimati Bhattacharyyia, Shri Chapalendu Gangadeb, Shri P. Bhaura, Shri B S. Gautam, Shn C. D. Bheeshmadev, Shri M. Gavit, Shn T. H. Bhuvarahan, Shri G. George, Shri A. C. Bist, Shri Narendra Singh Ghosh, Shn P. K. Brahmanandji, Shri Swami Gill, Shri Mohinder Singh Brij Raj Singh—Kotah, Shri Giri, Shri V. Shanker Buta Singh, Shri Godara, Shri Mani Ram Chakleshwar Singh, Shri Godfrey, Shrimati M. Chandra Gowda, Shri D. B Gogoi, Shri Tarun Chandra Shekhar Singh, Shri Gokhale, Shri H. R. Chandrakar, Shri Chandulal Goman go, Shri Giridhar Chandrappan, Shri C. K. Gopai Shri K. Chandrashekharappa Veerabasappa, Goswami, Shri Dinesh Chandra Shri T. V. Gotkhinde, Shri Annasaheb Chandrika Prasad, Shri Gowda, Shri Pampan Chaturvedi, Shri Rohan Lai Gupta, Shri Indrajit Chaudhari, Shri Amarsinh Hansda, Shri Subodh Chaudhary, Shri Nitiraj Singh Hanumanthaiya, Shri K. Chavan, Shrimati Premalabai Hari Kishore Singh, Shri Chavan, Shri Yeshwantrao Hari Singh, Shri ' ' C frnttitvtion KARTIKA 10, 1898 (SAKA ) (44th Amdt.) Bill

Hashitn, Shri M. M. Maharaj Singh, Shri lihaque, Shri A. K. M. Mahishi, Dr. Saroiini Jadeja, Shri D. P. Majhi, Shri Gajadhar Jailer Sharief, Shri C. K. Majhi, Shri Kumar Jagjivan Ram, Shri Malaviya, Shri K. D. Jamilurrahman, Shri Md. Malhotra, Shri Inder J. Janardhanan, Shri C. Mallanna, Shri K. Jeyalakshmi, Shrimati V. Mallikarjun, Shri Jha, Shri Bhogendra Mandal, Shri Jagdish Narain Jha, Shri Chiranjib Mandal, Shri Yamuna Prasad Jharkhande Rai, Shn Manhar, Shri Bhagatram Jhunjhunwala, Shri Bishwanath Man j hi, Shri Bhola Jitendra Prasad, Shri Maurya, Shri B. P. Joshi, Shri Popatlal M. Mehta, Dr. Mahipetray Joshi, Shrimati Subhadra Melkote, Dr. G. S. Kadam, Shri Dattajirao Mirdha, Shri Nathu Ram Kadam, Shn J. G. Mishra, Shri Bibhuti Kadannapalli, Shri Ramachandran Mishra, Shri G. S. Kader, Shri S. A. Mishra, Shri Jagannath Kahandole, Shri Z. M. Modi, Shri Shrikishan Kailas, Dr. Mohan Swarup, Shri Kakodkar, Shri Purushottam Mohapatra. Shri Shyam Sunder Kakoti, Shri Robin Mohsin, Shri F. H. Kalingarayar, Shri Mohanraj Muhammed Sheriff, Shri Kalyanasundaram, Shri M. Mukerjee, Shri H N. Kamakshaiah, Shri D. Munsi, Shri Priya Ranjan Das Kamala Prasad, Shri Murmu. Shri Yogesh Chandra Kamble, Shri N. S. Murthy, Shri B. S. Kamble, Shri T. D. Muruganantham, Shri S. A. Karan Singh, Dr. Nahata, Shri Amrit Kathamuthu, Shri M. Naik, Shri B. V. Kaul, Shrimati Sheila Nanda, Shri G. L. Kavde. Shri B. R . Nayak, Shri Baksi Kedar Nath Singh. Shri Negi, Shri Pratap Singh Khadilkar, Shri R. K. Nimbalkar, Shri Khan, Shri I. H. Oraon, Shri Kartik Kinder Lai, Shri Oraon, Shri Tuna Kisku, Shri A. K. Pahadia, Shri Jagannath Kotoki, Shri Liladhar Painuli, Shri Paripoornanand Kotrashetti, Shri A. K. Palodkar, Shri Manikrao Koya, Shri C. H. Mohamed Panda, Shri D. K. Krishna Kumari Shrimati Pandey, Shn Damodar Krishnan, Shri G. Y. Pandey, Shri Krishna Chandra Krishnan, Shrimati Parvathi Pandey, Shri Narsingh Narain Krishnappa, Shri M. V. Pandey, Shri R. S. Kulkarni, Shri Raja Pandey, Shri Sarjoo Kureel, Shri B. N. Pandey, Shri Sudhakar Kushok Bakula, Shri Pandey, Shri Tarkeshwar Lakkappa, Shri K. Pandit, Shri S. T. Lakshminarayanan, Shri M. R. Panigrahi Shri Chintamani Lambodar Baliyar, Shri Pant, Shri K. C. Laskar, Shri Nihar Paokai Haokip, Shri Lutfal Haque, Shri Parashar, Prof. Narain Chand ‘Madhukar’ Shri K. M. Parikh, sh ri Rasiklal Mahajan, Shri Vikraa Parthasaratby. Shri P. Mahajan, Shri Y. S. Paswan, Shri Ram Bhagat conywtmon NOVKMBEft 1, 1076 («tH Amdt.) Btu

Patel, Shri Arvind M. Reddy, Shri Y. Eswar* Patel, Shri Nmtwarlal Richheriya, Dr. Govind Das Patel, Shri Prabhudas Rohatgi, Shrimati Sushila Patel, Shri R. R. Patil, Shri Anantrao Boy, Shri Bishwanath Patil, Shri C. A. Budra Pratap Singh, Dr. Patil, Shri E. V. Vikhe Patil, Shri Krishnarao Saini, Shri Mulki Raj Patil, Shri S. B. Salve, Shri N. K. P. Patil, Shn T. A. Samanta, Shri S- C. Patnaik, Shri Banamali Patnaik, Shri J. B. Sambhali, Shri Ishaque Peje, Shri S. L. Sanghi, Shri N. K. Pradhan, Shri Dhan Shah Sangliana, Shri Pradhani, Shri K. Sankata Prasad, Dr. Purty, Shri M. S. Raghu Ramaiah, Shri K. Sant Bux Singh, Shri Rai, Shri S. K. Sarkar, Shri Sakti Kumar Bai, Shrimati Sahodrabai Satish Chandra, Shri Raj Bahadur, Shri Bajdeo Singh, Shri Satyanarayana, Shri B. Baju, Shri M. T. Savant, Shri Shankerrao Raju, shri P. V. G. Savitri Shyam, Shrimati Ram, Shri Tulmohan Sayeed, Shri P. M. Bam Dayal, Shri Bam Prakash, Shn Scindia, Shri Madhavrao Bam Sewak, Ch. Sen, Shri A. K. Bam Singh Bhai, Shri Sen, Dr. Ranfcn Bam Surat Prasad, Shri Bam Swarup, Shri Setni, Shn Arjun Ramji Ram, Shri Shafee, Shri A. Bamshekhar Prasad Singh, Shri Shafquat Jung, Shn Banabahadur Singh, Shri Rao, Shrimati B. Radhabai A. Shahnawaz Khan, Shri Rao, Shri J. Rameshwar Shailani, Shri Chandra Rao, Shri Jagannath Shambhu Nath, Shri Bao, Dr. K. L. Shankar Dayal Singh, Shri Bao, Shri K. Narayana Bao, Shri M. S. Sanjeevi Shankaranand, Shri B. Rao, Shri M. Satyanarayan Sharma. Shri A. P. Bao, Shri Nageswara Sharma. Dr H. P. Bao, Shri P. Ankineedu Prasade Bao, Shri Pattabhi Rama Sharma, Shri Madhoram Bao, Shri Bajagopala Sharma, Shri Nawal Kishore Bao, Dr. V. K. B. Varadaraja Sharma, Dr. Shanker Dayal Rathia, Shri Umed Singh Baut, Shri Bhola Shashi Bhushan, Sbri Bavi, Shri Vayalar Shastri, Shri Biswan arayan Ray, Shrimati Maya Shastri, Shri Sheopujan Reddy, Shri K. Kodanda Baml Shenoy, Shri P. R. Reddy, Shri K. Bamakrishna Reddy, Shri M. Bam Gopal Shetty, Shri K. K. Reddy, Shri P. Bayapa Shinde, Shri Annasaheb P. Reddy, Shri p. Ganga Shivappa, Shri N. Reddy, Shri P. Narasimha fteddy, Shri P. V. Shivnath Singh, Sbri Reddy, Shri Sidram Shukla, Shri B. R. 3 3 3 C ofutittition KARTIKA 10, 1888 (SAKA) (44fh Amdt.) Bill 334

Shukla. Sbri VIdya Charas. The motion la carried by a majority Siddayya, Shri S- M. of the total membership of the House' Siddhesbwar Prasad, Prof. and by a majority of not lets than two- Singh, Shri Vishwanath Pratap thirds of the Members present and Sinha, Shri Dharam Bir voting. Sinha, Shri Nawal Kishore Sinha, Shri R. K. Soban Lai, Shri T. The motion was adopted. Sokhi, Sardar Swaran Singh Stephen, Shri C. M. Clause 54, as amended, was added to Subramaniam, Shri CL the Bill. Sudarsanam, Shri M. Sunder Lai, Shri 19 brs. Surendra Pal Singh, Shri Suryanarayana, Shri K. Clause 55 Swaminathan, Shri R. V. Swamy, Shri Sidrameghwar MR. SPEAKER: I come to Clause Swaran Singh, Shri 55. There is a Government amend- Tarodekar, Shri V. B. ment No. 593. Tayyab Hussain. Shri Tewari. Shri Shankar The question is,— Thakre, SWri S. B. Thakur, Shri Krishnarao Page 18,— Tiwari, Shri R. G. Tiwary. Shri D. N. for lines 11 to 16, substitute— Tombi Singh, Shri N. Tula Ram, Shri “(4) No amendment of this Con- Tulsiram, Shri V. stitution (Including the provisions of Uikey, Shri M. G. Part III) made or purporting to have Ulaganambi, Shri R. P. been made under this article Vekaria, Shri [whether before or after the com* Venkatasubbaiah, Shri P. mencement of section 55 of the Con- Venkatswamy, Shri G. stitution (Forty-second Amendment) Verma. Shri Balgovind Act, 1976] shall be called in ques- Verma, Shri Sukhdeo Prasad tion in any court on any ground. Vidyalankar. Shri Amamath Vijay Pal Singh, Shri Vikal, Shri Ram Chandra (5) For the removal of doubts, it Yadav. Shri Chandra jit is hereby declared that there shall Yadav. Shri D. P. be no limitation whatever on the Yadav, Shri Karan Singh constituent power of Parliament to Yadav, Shri N. P. amend by way of addition, variation Yadav, Shri R. P. or repeal the provisions of this Con- stitution under this article.” (593) NOES The motion was adopted Saksena, Prof. S. L. MR. SPEAKER: I shall now put amendments Nos. 312 and 313 to clause MR. SPEAKER: The result* of 55 moved by Shri C. H. Mohamed the division is: Ayes: 363; Noes: 1 Koya to the vote of the House.

•The following Members also recorded their votes for AYES: Sarvashri Mohd. Shall Qureshl, Devendra Satpathy, Genda Singh, T. Balakrishniah and Ramavatar Shastri. C onstitution NOVEMBER 1. 1*76 <44*h A m d t.) B ill 336

Amendments Nos. 312 and 313 put and Barupal, Shri Panna Lai negatived. Basappa, Shri K Basumatari, Shri D MR. SPEAKER I shall now put Besra, Shri S C> amendment No 507 to Clause 55 Bhagat, Shri H K. L. moved by Prof S L Saksena to the Bhargava, Shn Basheshwar Nath vote of the House Bhargavi Thankappan, Shrimati Amendment No 567 uxis put and Bhatia, Shn Raghunandan Lai negatived. Bhattacharyyia, Shn Chapalendu Bhaura, Shri B S MR SPEAKER I shall put all the Bheeshmadev, Shri M, amendments to clause 55 together to Bhuvarahan, Shn G the vote of the House Bist Shn Narendra Singh Brahmanandji, Shn Swaml Amendments Nos 347 348 and 269 Brij Raj Singh—Kotah, Shri were put and negatned. Buta Smgh, Shn Chakleshwar Singh Shn MR SPEAKER I shall now put Chandra Gowda, Shn D B Clause 55 as amended to the vote of Chandra Shekhar Smgh, Shri the House Chandrakar Shn Chandulal Chandrappan Shn C K The question is Chandrashekharappa Veerabasappa, Shn T V “That Clause 55 as amended, Chandnka Prasad Shn stand part of the Bill ” Chaturvedi Shn Rohan Lai Chaudhan Shn Amarsmh The Lok Sabha dmded Chaudharv, Shn Nitiraj Smgh Chavan Shnmati Premalabai Division No 31] Chavan Shri Yeshwantrao Cl'«;llachami Shri A M 119 01 hm Chhotey Lai Shn Chhutten Lai Shn AYES Chikkalingaiah Shn K Choudhar> Shn B E Achal Singh, Shn Daga Shn M C Aga, Shn Syed Ahmed Dalbir Smgh, Shn Agrawal, Shn Shnknshna Dalip Smgh Shn Ahirwar, Shn Nathu Ram Darbara Singh Shn Alagesan, Shn O V Das Shn Anadi Charan Ambesh, Shn Das Shn Dhamidhar Anand Singh Shn Dasappa, Shn Tulsidas Ankineedu, Shri Maganti Daschowdhury Shri B K. Ansan, Shn Ziaur Rahman Deo, Shri P K Appalanaidu, Shri Deo Shn R R Singh Arvind Netam, Shn Deo, Shn S N Singh Austin, Dr Henry Desai Shn D D Azad, Shri Shagwat Jha Deshmukh, Shri K G Aziz Imam, Shri Deshmukh, Shn Shlvaji Rao S. Babunath Singh, Shri Deshpande Shnmati Roza Bajpai, Shri Vidya Dhar Dhamankar, Shn Balakrlshmah, Shri T. Dharamgaj Singh, Shri Banamali Babu, Shn Dhillon, Dr G S Banera, Shn Hamendra Singh Dhusia, Shri Anant Prasad Banerjee, Shrimati Mukul Dinesh Singh, Shri Barman, Shn R N Dixit, Shn Jagditih Chandra Barua, Shri Bedabrata Dube, Shri J. P. 337 Constitution KARTXKA 10, 1898 {SAKA) (44th Amdt.) Bill

Dumada, Shri I* K. Kamble, Shri T. D. Dwivedi, Shri Nageshwar Karan Singh, Dr. Engti, Shri Biren Kathamuthu, Shri M. Gaekwad, Shri PateBinghrao Kaul, Shritimati Sheila Gandhi, Shrimati Indira Kavde, Shri B. R. Ganesh, Shri K, R. Kedar Nath Singh, Shri Ganga Devi, Shrimati Khadilkar, Shri R. K. Gangadeb, Shri P. Khan, Shri J. H. Gautam, Shri C. D. Kinder Lai, Shri Gavit, Shri T. H. Kisku, Shri A. K. George, Shri A. C. Kotoki, Shri Liladhar Ghosh, Shri P. K. Kotrashetti, Shri A. K. Gill, Shri Mohinder Singh Krishna Kumari, Shrimati Giri, Shri V. Shanker Krishnan, Shri G. Y. Godara, Shri Mani Ram Krishnan, Shrimati Parvathi Godfrey, Shrimati M. Kulkarni, Shri Raja Gogoi, Shri Tarun Kureel, Shri B. N. Gokhale, Shri H. R. Kushok Bakula, Shri Gomango, Shri Giridhar Lakkappa, Shri K. Gopal, Shri K. Lakshminarayanan, Shn M. R. Goswami. Shri Dinesh Chandra Lambodar Baliar, Shri Gotkhinde, Shri Annasaheb Laskar, Shri Nihar Gowda, Shn Pampan Lutfal Haque, Shri Gupta, Shri Indrajit ‘Madhukar’, Shri K. M. Hansda, Shri Subodh Mahajan, Shri Vikram Hanumanthaiya, Shn K. Mahajan, Shri Y. S. Hari Kishore Singh, Shri Maharaj Singh, Shri Hari Singh, Shri Mahishi, Dr. Sarojini Hashim, Shri M. M. Majhi, Shri Gajadhar Ishaque, Shri A. K. M. Majhi. Shri Kumar Jadeja, Shri D. P. Malaviya. Shri K. D. Jailer Shanef, Shri C. K. Malhotra, Shri Inder J. Jagjivan Ram, Shri Mallana, Shri K. Jamilurrahman, Shri Md. Mallikarjun, Shri Janardhanan, Shri C. Mandal, Shri Jagdish Narain Jeyalakshmi, Shrimati V. Mandal, Shu Yamuna Prasad Jha, Shri Bhogendra Manhar, Shri Bhagalram Jha, Shri Chiranjib Manjhi, Shri Bhola Jharkhande Rai, Shri Maurya, Shri B. P. Jhunjhunwala, Shri Bishwanath Mehta, Dr. Mahipatray Jitendra Prasad, Shri Melkote, Dr. G. S. Joshi, Shri Popatlal M. Mirdha, Shri Nathu Ram Joshi, Shrimati Subhadra Mishra, Shri Bibhu'ti Kadam, Shri Dattajirao Mishra, Shri G. S. Kadam, Shri J. G. Mishra, Shri Jagannath Kadannappalli, Shri R'amachandran Modi, Shri Shrikishan Kader, Shri S. A. Mohan Swarup, Shri Kahandole, Shri Z. M. Mohapatra, Shri Shyam Sunder Kailas, Dr. Mohsin, Shri F. H. Kakodkar, Shri Purushottam Mukerjee, Shri H. N. Kokoti, Shri Robin Munsi, Shri Priya Ran j an Das Kalingarayar, Shri Mohanraj Murmu, Shri Yogesh Chandra Kalyanasundaram, Shri M. Murthy, Shri B. S. Kamakshaiah, Shri D. Muruganantham, Shri S. A. Kamala Prasad, Shri Kamble, Shri N. a Nahata, Shri Amrit ContU tution NOVEMBER 1, 1876 (Uth Amdt.) SOI 340

Naik, Shri B. V. Ram Surat Prasad, Shri Nanda, Shri G. L. Ram Swarup, Shri Nayak, Shri Baksi Ramji Ram, Shri N«gi. Shri Pratap Singh .Ramshekhar Prasad Singh, Shri Nimbalkar, Shri Ranabahadur Singh, Shri Oraon, Shri Kartik Rao, Shrimati B. Hadhabal A. Oraon, Shri Tuna Rao, Shri J. Rameshwar Pahadia, Sbri Jagannath Rao, Shri Jagannath Painuli, Shri Paripoornanand Rao, Dr. K. L. Palodkar, Shri Manikrao Rao, Shri K. Narayana Panda, Shri D. K. Rao, Shri M. S. Sanjeevi . Pandey, Shri Damodar Rao, Shri M. Satyanarayan Pandey, Shri Krishna Chandra Rao, Shri Nageswara Pandey, Shri Narsmgh Narain Rao, Shn P. Ankineedu Prasada Pandey, Shri R. S. Rao, Shn Pattabhl Rama Pandey, Shri Sarjoo Rao, Shn Rajagopala Pandey, Shri Sudhakar Rao, Dr. V. K. R. Varadaraja Pandey, Shn Tarkeshwar Rathia, Shn Umed Singh Pandit, Shri S. T. Raut, Shri Bhola Panigrahi, Shri Chmtamani Ravi, Shri Vayalar Pant, Sbri K. C. Ray, Shrimati Maya Paokai Haokip, Shri Reddy, Shri K. Kodanda Rami Parashar, Prof. Narain Chand Reddy, Shri K. R'amaknshna Parikh, Shri Rasiklal Reddy, Shri M. Ram Gopal Parthasarathy, Shri P. Reddy, Shn P. Bayapa Paswan, Shri Ram Bhagat Reddy, Shn P. Ganga Patel, Shri Arvmd M. Reddy, Shri P. Narasimha Patel, Shri Natwarlal Reddy, Shn P. V. Patel, Shri Prabhudas Reddy, Shri Sidram Palel, Shri R. R. Reddy. Shri Y. Eswara Patil, Shri Anantrao Richhariya, Dr. Govind Das Patil, Shri C. A. Rohatgi, Shrimati Sushila Patil, Shri E. V. Vikhe Roy, Shri Bishwanath Patil, Shri Krishnarao Rudra Pratap Singh, Dr. Patil, Shri S. B. Saini, Shri Mulki R’aj PatU, Shri T. A. Salve. Shn N. K. P. Patnaik, Shri Banamali Samanta, Shri S. C. Patnaik, Shri J. B. Sambhali, Shn Ishaque Peje, Shri S. L. Sanghi, Shri N. K. Pradhan, Shri Dhan Shah Sangliana, Shri Pradhani, Shn K. Sankata Prasad, Dr. Purty, Shri M. S. Sant Bux Singh, Shri Qureshi, Shri Mohd. Shaft Sarkar, Shn Sakti Kumar Raghu R'amaiah, Shri K. Satish Chandra, Shri Rai, Shri S. K. Satpathy, Shri Devendra Rai, Shrimati Sahodrabhai Satyanarayana, Shri B. Raj Bahadur, Shri Savant, Shri Shankerrao Rajdeo Singh, Shri Savitri Shyam, Shrimati Raju, Shri M. T. Sayeed, Shri P. M- R’aju, Shri P. V. G. Scindia, Sbri Madhavrao Ram, Shri Tulmohan Sen, Shri A. K. Ram Dayal, Shri Sen, Dr. Ranen Ram Prakash, Shri Sethi, Shri Arjun Ram Sewak, Ch. Shafee, Shri A, Ham Singh Bhai, shri Shafquat Jung, Shri 341 C onstitution KARTXKA 10, 1898 (SAKA) (44th Amdt.) Bill 34&

Vekaria, Shri Shahnawaz Khan, Shri Venkatasubbaiah, Shri P. Shaiiani, Shri Chandra Venkatswamy, Shri G. Shambhu Hath, Shri Verma, Shri Balgovina Shankar Dayal Singh, Shri Verma, Shri Sukhdeo Prasad Shankaranand, Shri B. Vidyalankar, Shri Amarnath Sharma. Shri A. P. Vijay Pal Singh, Shri Sharma. Dr. H. P. Vikal, Shri Ram Chandra Sharma. Shri Madhoram Yadav, Shri Chandrajit Sharma. Shri Nawal Kishore Yadav, Shn D. P. Sharma, Dr. Shanker Dayal Yadav, Shri Karan Singh Shastri, Shri Biswanarayan Yadav, Shri N. P. Shastri, Shri Ramavatar Yadav, Shri R. P. Shastri, Shri Sheopujan Shenoy, Shri P. R. NOES Shinde, Shri Annasaheb P. Koya, Shri C. H. Mohamed Shivappa, Shri N. Shivnath Singh, Shri Muhammed Sheriff Shri Shukla, Shri B. R. Saksena, Prof S. L. Shukla, Shn Vidya Charan Siddayya, Shn S. M. MR. SPEAKER: The result* of the- Siddheshwar Prasad, Prof. division is as follows; Singh, Shri Vishwanath Pratap Ayes: 359; Sinha, Shri Dharam Bir. Noes; 3. Sinha, Shri Nawal Kishore Sinha, Shri R. K. The motion is carried by a majority Sohan Lai, Shn T. of the total membership of the House Sokhi, Sardar Swaran Singh and by a majority of not less than Stephen, Shn C. M. two-thirds of the members present Subramaniam, Shri C. and voting. Sudarsanam, Shri M. The motion was adopted Sunder Lai, Shri Clause 55 as amended was added to Surendra Pal Singh, Shri the Bill. Suryanarayana, Shri K. Swaminathan, Shri R. V. Clause 55A (New) Swamy, Shn Sidrameshwar MR SPEAKER: I shall put Amend- Swaran Singh, Shri ment No. 202 moved by Shri Hari Tarodekar, Shri V. B. Kishore Singh seeking to insert a new Tayyab Hussain, Shri Clause 55A to the vote of the House. Tewari, Shri Shankar Thakre, Shri S. B. Amendment No. 202 was put and Thakur, Shri Krishnarao negatived Tiwari, Shri R. G. MR. SPEAKER: There are no amend- Tiwary, Shri D. N. ments to Clause 56. Tombi Singh, Shri N. The question is; Tula Ram, Shri Tulsiram, Shri V. “Clause 56 stands part of the Ulkey, Shri M. G. Bill.” Ulaganambi. Shri R. P. The Lok Sabha divided

•The following Members also recorded their votes: Ayes: Sarv Shri M. V. Krishnappa, G. C. Dixit, Shashi Bhushan, Awdhesh Chandra Singh, K. K. Shetty, Genda Singh, and Sarjoo Pandey; NOES; Shri P. G. Mavalankar. 343 C onstitution NOVEMBER 1, 1970 (44th Amdt.) B ill

AYES Chellachami, Shri A. M. D ivision No. 32] [19.03 hrs. Chhotey Lai, Shri Chhutten Lai, Shri Chikkalingaiah, Shri K. Achal Singh, Shri Choudhary, Shri B. E. Aga, Shri Syed Ahmed Daga, Shri M. C. Agarwal, Shri Shrikrishna Dalbir Singh, Shri Ahirwar, Shri Nathu Ram Dalip Singh, Shri Alagesan, Shri O. V. Darbara Singh, Shri Ambesh, Shri Das, Shn Anadi Charan Anand Singh, Shri Das, Shri Dhamidhar Ankineedu, Shn Maganti Dasappa, Shri Tulsidas ’ Ansari, Shri Ziaur Rahman Daschowdhury, Shri B. K. Appalanaidu, Shri Deo, Shri P. K. Arvind Netam, Shri Deo, Shri R. R. Singh Austin, Dr. Henry Deo, Shri S. N. Smgh Awdhesh Chandra Smgh, Shri Desai, Shn D. D. Azad, Shri Bhagwat Jha Deshmukh, Shri K. G. Aziz Imam, Shri Deshmukh, Shri Shivaji Rao S. Babunath Singh, Shri Deshpande, Shrimati Roza Bajpai, Shri Vidya Dhar Dhamankar, Shri Balakrishniah. Shri T. Dharamgaj Singh, Shri Banamali Babu, Shn Dhillon, Dr. G. S. Banera, aghri Hamendra Singh Dhusia, Shri Anant Prasad Banerjee, Shri S. M. Dinesh Singh, Shn Banerjee, Shrimati Mukul Dixit, Shri Jagdish Chandra Barman, Shri R. N. Dube, Shn J. P. Barua, Shri Bedebarata Dumada, Shri L. K. Barupal, Shri Panna Lai Basumatari, Shri D. Dwivedi, Shri Nageshwar Besra, Shri S. C. Engti, Shn Biren Bhagat, Shri H. K. L. Gaekwad, Shri Fatesinghrao Gandhi, Shrimati Indira Bhargava, Shn Basheshwar Nath Bhargavi Thankappan, Shrimati Ganesh, Shri K. R. Bhatia, Shri Raghunandan Lai Ganga Devi. Shrimati Bhattacharyyia, Shri Chapalendu Gangadeb, Shri P. Bhaura, Shri B. S. Gautam, Shri C. D. Bheeshmadev, Shri M. Gavit, Shri T. H. Bhuvarahan, Shri G. George, Shrj A. C. Bist, Shri Narendra Singh Ghosh, Shri P. K. Brahmanandji, Shri Swami Gill, Shri Mohinder Singh Brij Raj Singh—Kotahr. Shri Giri, Shn V. Shanker Buta Singh, Shri Godara, Shri Mani Ram Chakleshwar Singh, Shri Godfrey, Shrimati M. Chandra Gowda, Shri D. B. Gogoi, Shri Tarun Chandra Shekhar Singh, Shri Gokhale, Shri H. R. Chandrakar, Shri Chandulal Gomango, Shri Giridhar Chandrappan, Shri C. K. Gopal, Shri K. Chandrashekharappa Veerabasappa, Goswami, Shri Dinesh Chandra Shri T. V. Gotkhinde, Shri Annasaheb Chandrika Prasad, Shri Gowda, Shri Pampan Chaturvedi, Shri Rohan Lai Gupta, Shri Indrajit Chaudharl, Shri Amarsinh Hansda. Shri Subodh Chaudhary, Shri Nitiraj Singh Hanumanthaiya, Shri K. Chavan, Shrimati Premalabai Hari Kishore Singh, Shri Chavan, Shri Yeshwantrao Hari Singh, Shri Hashim, Shri M. M. 3 45 C onstitution KARTIKA 10, 1898 (SAKA) (44th Amdt.) Bill

Ishaque, Sbri a . K. M. Mahajan, Shri Y. S. Jadeja, Shri O. P. Maharaj Singh, Shri Jaffer Sharief, Shri C. K. Mahishi, Dr. Sarojini Jagjivan Ham, Shri Majhi, Shri Gajadhar Jamilurrahman, Shri Md. Majhi, Shri Kumar Janardhanan, Shri C. Malaviya, Shri K. D. Jeyalakshmi, Shrimati V. Malhotra, Shri Inder J. Jha, Shri Bhogendra Mallanna, Shri K. Jha, Sbri Chiranjib Mallikarjun, Shri Jharkhande Rai, Shri Mandal, Shri Yamuna Prasad Jhunjhunwala, Shri Bishwanath Manhar, Shri Bhagatram Jitendra Prasad, Shri Manjhi, Shri Bhola Joseph, Shri M. M. Maurya, Shri B. P. Joshi, Shri Popatlal M. Mehta, Dr. Mahipatray Joshi, Shrimati Subhadra Melkote, Dr. G. S. Kadam, Shri Dattajirao Mirdha, Shri Nathu Ram Kadam, Shri J. G. Mishra, Shri Bibhuti Kadannappalli, Shri Ramachanirun Mishra, Shri G. S. Kader, Shri S. A. Mishra. Shri Jagannath Kahandole, Shri Z. M. Modi, Shri Shrikishan Kailas, Dr. Mohan Swaraup, Shri Kakodkar, Shri Purushottam Mohapatra, Shri Shyam Sunder Kakoti, Shri Robin Mohsin, Shri F. H. Kalngarayar, Sbri Mohanraj Muhammed Sheriff, Shri Kalyanasundaram, Shri M. Mukerjee, Shri H. N. Kamaksbaiah, Shri D. Munsi, Shri Priya Ranjan Das Kamala Prasad, Shri Murmu, Shri Yogesh Chandra Kamble, Shri N. S. Murthy, Shri B. S. Kamble, Shri T. D. Muruganantham. Shri S. A. Karan Singh, Dr. Nahata, Shri Amrit Kathamuthu, Shri M. Naik, Shri B. V. Kaul, Shrimati Sheila Nair, Shri Sreekantan Kavde, Shri B. R. Nanda, Shri G- L. Kedar Nath Singh, Shri Nayak, Shri Baksi Khadilkar, Shri R. K. Negi, Shri Pratap Singh Khan, Shri I. H. Nimbalkar, Shri Kinder Lai, Shri Oraon, Shri Kartik Kisku, Shri A. K. Oraon, Shri Tuna Kotoki, Shri Liladhar Pahadia, Shri Jagannath Kotrashetti, Shrj A. K. Painuli, Shri Paripoornanand Koya, Shri C. H. Mohamed Palodkar, Shri Manikrao Krishna Kumari, Shrimati Panda, Shri D. K. Krishnan, Shri G. Y. Pandey, Shri Damodar Krishnan, Shrimati Parvathi Pandey, Shri Krishna Chandra Krishnappa, Shri M. V. Pandey, Shri Narsingh Narain Kulkarni, Shrj Raja Pande, Shri R. S. Kureel, Shri B. N. Pandey, Shri Sarjoo Kushok Bakula, Shri Pandey, Shri Sudhakar Lakkappa, Shri K. Pandey, Shri Tarkeshwar Lakshminarayanan, Shri M. R. Pandit, Shri S. T. Lambodar Baliyar, Shri Panigrahi, Shri Chintamanj Laskar, Shri Nihar Pant, Shri K. C. Lutfal Haque, Shri Paokai Haokip, Shri ‘Madhukar’, Shri K. M. Parashar. Prof. Narain Chand Mahajan, Shri Vikram Parikh, Shri Rasiklal 3 4> Constitution NOVEMBER 1, 1978 (44th Amdt.) Bill

Parthasarathy, Shri P. Reddy, Shri P- V. Paswan, Shri Ram Bhagat Reddy, Shri Sldram Patel, Shri Arvind M. Reddy, Shri Y, Eswara Patel, Shri Natwarlal Richhariya, Dr. Govind Das Patei, Shri Prabhudas Rohatgi, Shrimati Sushila Patel, Shri R. R. Roy, Shri Bishwanath Patil, Shri Anantrao Rudra Pratap Singh, Dr. Patil, Shri C. A. Saini, Shri Mulki Raj Patil, Shri E. V. Vikhe Salve, Shri N. K. P. Patil, Shri Krishnarao Samanta, Shri S. C. Patil, Shri S. B. Sambhali, Shri Ishaque Patil, Shri T. A. Sanghi, Shri N. K. Patnaik, Shri Banamali Sangliana, Shri Patnaik, Shri J. B. Sankata Prasad, Dr. Peje, Shri S. L. Sant Bux Singh, Shri Pradhan, Shri Dhan Shah Sarkar, Shri Sakti Kumar Pradhani, Shri K. . Satish Chandra, Shri Purty, Shri M. S. Satpathy, Shri Devendra Qureshi, Shri Mohd. Shaft Satyanarana, Shri B. Raghu Ramaiah, Shri K- Savant, Shri Shankerrao Rai, Shri S> K. Savitri Shy am, Shrimati Rai, Shrimati Sahodrabai Sayeed, Shri P. M. Raj Bahadur, Shri Scindia, Shri Madhavrao Raju, Shri M. T. Sen, Dr. Ranen Ram, Shri Tulmohan Sethi, Shri Arjun Ram Dayal, Shri Shafee, Shn A. Ram Prakash, Shri Shafquat Jung, Shn Ram Sewak, Ch. Shahnawaz Khan. Shri Ram Surat Prasad, Shri Shailani, Shn Chandra Ram Swarup, Shn Shambhu Nath, Shri Ramji Ram, Shri Shankar Dayal Singh, Shri Ramshekhar Prasad Singh, Shri Shankaranand, Shri B. Ranabahadur Smgh, Shri Sharma, Shri A. P. Rao, Shrimati B. Radhabai A. Sharma, Dr H. P. Rao, Shri J. Rameshwar Sharma, Shri Mt-dhoram Rao, Shri Jagannath Sharma, Shn Nawal Kishore Rao, Dr. K. L. Sharma, Dr. Shanker Dayal Rao, Shri K. Narayana Shashi Bhushan, Shn Rao. Shri M. S. Sanjeevi Shastri, Shri Biswanarayan Rao, Shri M. Satyanarayan Shastri, Shri Ramavatar Rao, Shri Nageawara Shastri, Shri Sheopujan Rao, Shri P Ankineedu Prasada Shenoy, Shri P. R. Rao, Shri Pattabhi Rama Shetty. Shri K. K. Rao, Shri Rajagopala Shinde, Shri Annasaheb P. Rao, Dr. V. K. R. Varadaraja Shivappa, Shri N. Rathia, Shri Umed Singh Shivnath Singh, Shri Raut, Shri Bhola Shukla, Shri B. R. Ravi, Shri Vayalar Shukla, Shri Vidya Charan Ray. Shrimati Maya Siddayya, Shri S. M. Reddy, Shri K, Kodanda Rami Siddheshwar Prasad, Prof. Reddy, Shri K. Ramakrishna Singh, Shri Vishwanath Pratap Reddy, Shri M. Ram Gopal Sinha, Shri Dharam Bir Reddy, Shri P. Bayapa Sinha, Shri Nawal Kishore Reddy, Shri P. Ganga Sinha, Shri R. K. Reddy, Shri P. Narasimha Sohan Lai, Shri T. 349 C onstitution KARTIKA 10, 1898 {SAKA) (44th Amdt.) Bill 350

Sokhi, Sardar Swaran Singh MR. SPEAKER; The result* of the St«phm, Shri C. M. division is: Ayes: 381; Noes: 1 Sudarsanam, Shri M. 'Sunder Lai, Shri The motion is carried by a majority of the total membership of the Surendra Pal Singh, Shri House and by a majority of not less Suryanarayana, Shri K. than two-thirds of the Members pre- Swaminathan, Shri R. V. sent and voting. Swamy, Shri Sidrameshwar The motion was adopted Swaran Singh, Shri Tarodekar, Shri V. B. Clause 56 was added to the Bill. Tayyab Hussain, Shri Clause 57 Tewari, Shri Shankar Thakre, Shri S. B. MR. SPEAKER: There is one am> Thakur, Shri Krishnarao endment No. 814. Tiwari, Shri R. G. SHRI JAMBUWANT DHOTE: Tiwary, Shri D. N. There is amendment No. 562. Tombi Singh, Shri N. Tula Ram, Shri MR. SPEAKER: There is no am- Tulsiram, Shri V. endment No. 562. It is not regarded Uikey, Shri M. Cr. as having been moved. That is barred. It is the same as Amendment Ulaganambi, Shn R. P. No. 315. Your amendment is the Vekaria, Shri same as the earlier amendment No. Venkatasubbaiah, Shri P. 315 moved by Shri Mohamed Koya, Venkatswamy, Shn G. and it is barred. Verma, Shri Balgovind SHRI JAMBUWANT DHOTE: It Verma, Shri Sukhdeo Prasad is a different one. Vidyalankar, Shri Amarnath Vijay Pal Singh, Shri MR. SPEAKER: I have been ad- Vikal, Shn Ram Chandra vised that they are both the same. Yadav, Shri Chandrajit The same thing is there. We are on Yadav, Shri D. P. Amendment No. 315. You can vote separately, If you like. Anyway, if Yadav, Shri Karan Singh you want, I will put your amend- Yadav, Shn N P. ment, Amendment No. 562 separately Yadav, Shri R. P. to vote. I shall now put amendment No. 314 moved by Shri Koya to the vote of NOES the House. Amendment No. 314 was put and Saksena, Prof S. L. negatived.

•The following Members also record ed their votes for AYES: Sarvashri Rajdeo Singh, Jagdish Narain Mandal, P. V. G. Raju. Ram Singh Bhai and Genda Singh. C onstitution NOVEMBER 1. 1976 <44th A m d t.) B ill 35*

MR. SPEAKER: I shall now put Barupal, Shri Panna Lai Amendment No. 562 by Shri Dhote, Basappa, Shri K. which is the same as Amendment No. Basumatari, Shri D. SIS, to the vote of the House. Besra, Shri S. C. Bhagat, Shri H. K. L. Amendment No. 562 was put and Bhargava, Shri Basheshwar Nath negatived. Bhargavi Thankappan, Shrimati Bhatia, Shri Raghunandan Lai MR. SPEAKER: I shall now put all Bhattacharyyta, Shri Chapalendu the other amendments to Clause 57 Bhaura, Shri B S. together to vote. Bheeshmadev, Shri M. Bhuvarahan, Shrj G. Amendments Nos. 19, 20, 224 to Bist, Shri Narendra Singh 227, 245, 246, 334, 350, 419, 442 to 445, Brahmanandji, Shri Swami 484 to 487, 558, 606 to 608, 614, 615, Brij Raj Singh—Kotah, Shri 632 and 640 were pvt and negatived Buta Singh, Shri Chakleshwar Singh, Shrj MR SPEAKER: I shall put Clause Chandra Gowda, Shn D. B. 57 to the vote of the House. Chandra Shekhar Singh, Shri The question is; Chandrakar, Shri Chandulal Chandrappan, Shri C. K “That Clause 57 stand part of the Chandrashekharappa Veerabasappa, Bill”. Shn T V. Chandnka Prasad, Shri The Lok Sabha divided Chaturvedi, Shri Rohan Lai Chaudhari, Shn Amarsinh Chaudhary, Shri Nttiraj Singh Division No. 33] [19.10 fars. Chavan, Shrimati Premalabai Chavan, Shri Yeshwantrao AYES Chellachami, Shri A M. Chhotey Lai, Shri Chhutten Lai, Shri Achal Singh, Shn Chikkalingaiah, Shri K Aga, Shii Syed Ahmed Choudhary, Shri B. E. Agrawal, Shrj Shrikrishna Daga, Shri M. C. Ahirwar, Shri Nathu Ram Dalbir Singh, Shri Alagesan, Shn O V. Dalip Singh, Shri Ambesh, Shri Darbara Singh, Shri Anand Singh, Shri Das, Shri Anadi Charan Ankineedu, Shri Maganti Das, Shri Dharnidhar Ansari, Shri Ziaur Rahman Dasappa, Shri Tulsidas Appalanaidu, Shri Daschowdhury, Shri B.K Arvind Netam, Shri Deo, Shri P. K. Austin, Dr. Henry Deo, Shri R. R. Singh Awdhesh Chandra Singh, Shri Deo, Shri S. N. Singh Azad, Shri Bhagwat Jha Desai, Shri D D. Aziz Imam, Shri Deshmukh, Shri K. G. Babunath Singh, Shrj Deshmukh, Shri Shivaji Rao S. Bajpai, Shri Vidya Dhar Deshpande, Shrimati Roza Balakrishniah, Shri T. Dhamankar, Shri Banamali Babu, Shri ^IngK Shri Banera, Shri Hawendra Singh Dhillon, Dr. G. S. Banerjee, Shrimati Mukul Dhusia, Shri Anant Prasad Barman, Shri R. N. Dinesh Singh, Shri Barua, Shri Bedabrata Dixit, Shri G. C. 353 CoMtttnton KABTJKA 20, 1888 (SAKA ) (44th Amdt.) Bill

Kalyanasundaram, Shri M. Dixit, Shri Jagdish Chandra Kamakshaiah, Shri D. Dube, Shri J. P. Kamala Prasad, Shri Dumada, Shri L. K. Kamble, Shri N. S. Dwivedi, Shri Nageshwar Kamble, Shri T. D. Engti, Shri Biren Karan Singh, Dr. Gaekwad, Shri Fatesinghrao Kathamuthu, Shri M. Gandhi, Shrimati Indira Kaul, Shrimati Sheila Ganesh, Shri K. R. Kavde, Shri B. R. Ganga Devi, Shrimati Kedar Nath Singh, Shri Gangadeb, Shri P. Khadilkar, Shri R. K. Gautam, Shri C. D. Khan, Shri I. H. Gavit, Shri T. H. Kinder Lai, Shri George, Shri A. C. Kisku, Shri A» K. Ghosh, Shri P. K. Kotoki, Shri Liladhar Gill, Shri Mohinder Singh Kotrashetti, Shri A- K. Giri, Shri V. Shanker Krishna Kumari, Shrimati Godara, Shri Man! Ram Krishnan, Shri G. Y. Godfrey, Shrimati M. Krishnan, Shrimati Parvathi Gogoi, Shri Tarun Krishnappa, Shri M. V. Gokhale, Shri H. R. Kulkami, Shri Raja Gomango, Shri Giridhar Kureel, Shri B. N. Gopal, Shri K. Kushok Bakula, Shri Goswami, Shri Dinesh Chandra Lakkappa, Shri K. Gotkhinde, Shri Annasaheb Lakshminarayanan, Shri M. R. Gowda, Shri Pampan Lambodar Beliyar, Shri Gupta, Shri Indrajit Laskar, Shri Nihar Hansda, Shri Subodh Lutfal Haque, Shri Hanumanthaiya, Shri K. ‘Madhukar’, Shri K. M. Hari Kishore Singh, Shri Mahajan, Shri Vikram Hari Singh, Shri Mahajan', Shri Y. S. Hashim, Shri M. M. Maharaj Singh, Shri Ishaque, Shri A. K. M. Mahishi, Dr. Sarojini Jadeja, Shri D. P. Majhi, Shri Gajadhar Jaffer Sharief, Shri C. K. Majhi, Shri Kumar Jagjivan Ram, Shri Malaviya, Shri K. D. Jamilurrahman, Shri Md. Malhotra, Shri Inder J. Janardhanan, Shri C. Mallanna, Shri K. Jeyalakshmi, Shrimafi V. Malltkarjun, Shri Jha, Shri Bhogendra Mandal, Shri Jagdish Narain Jha. Shri Chiranjib Mandal, Shri Yamuna Prasad Jharkhande Rai, Shri Manhar, Shri Bhagatram Jhunjhunwala, Shri Bishwanath Man j hi, Shri Bhola Jitendra Prasad, Shri Maurya, Shri B. P. Joshi, Shri Popatlal M. Mehta, Dr. Mahipatray Joshi, Shrimati Subhadra Melkote, Dr. G. S. Kadam, Shri Dattajirao Mirdha, Shri Nathu Ram Kadam, 'Shri J. G. Mishra. Shri Bibhuti Kadannappalll, Shri Ramachandran Mishra. Shri G S. Kader, Shri S. A. Mishra. Shri Jagannath Kahandole, Shri Z. M. Modi, Shri Shrikishan Kailas, Dr. Mohapatra, Shri Shyam Sunder Kakodkar, Shri Purushottam Mohsin, Shri F. H. Kakotl, Shri Robin Mukerjee, Shri H. N. Kalingarayar, Shri Mohanraj Munsi, Shri Briya Ranjan Das 3 55 Constitution NOVEMBER 1, 1976 (44th Amdt.) Bill Murmu, Shri Yogesh Chandra Ram Sewak, Ch. Murthy, Shri B. S. Ram Singh Bhai, Shri Muruganantham, Shri S. A. Ram Surat Prasad, Shri Nahata, Shri Amrit Ram Swarup, Shri Naik, Shri B. V. Ramji Ram, Shri Nanda, Shri G. L. Ramshekhar Prasad Singh, Shri- Nayak. Shri Baksi Ranabahadur Singh, Shari Negi, Shri Pratap Singh Rao, Shrimati B, Radhabai A. Nimbalkar, Shri Rao, Shri J. Rameshwar Oraon, Shri Kartik Rao, Shri Jagannath Oraon, Shri Tuna Rao, Dr. K. L. Fahadia, Shri Jagannath Rao, Shri K. Narayana Painuli, Shri Paripoornanand Rao, Shri M, S. Sanjeevi Palodkar, Shri Manikrao Rao. Shri M. Satyanarayan Panda. Shri D. K. Rao, Shri Nageswara Pandey, Shri Damodar Rao, Shri P. Ankineedu Parasada* Pandey, Shri Krishna Chandra Rao, Shri Pattabhi Rama Pandey. Shri Narsingh Narain Rao. Shri Rajagopala Pandey, Shri (R. S. Rao, Dr. V. K. R. Varadaraja Pandey, Shri Sarjoo Rathia, Shri Umed Singh Pandey, Shri Sudhakar Raut. Shri Bhola Pandey, Shri Tarkeshwar Ravi. Shri Vayalar Pandit, Shri S. T. Ray. Shrimati Maya Panigrahi, Shri Chintamani Reddy, Shri K. Kodanda Rami Pant, Shri K. C. Reddy. Shri K- Ramakrishna Paokai Haokip. Shri Reddy, Shri M. Ram Gopal Parashar, Prof. Narain Chand Reddy. Shri P. Bayapa Parikh. Shri Hasiklal Reddy, Shri P Ganga Parthasarathy, Shri P. Reddy, Shri P. Narasimha Paswan, Shri Ram Bhfagat Reddy, Shri P. V. Patel, Shri Arvind M. Reddy. Shri Sidram Patel, Shri Nalwarlal Reddy. Shri Y. Eswara Patel, Shri Prabhudas Richhariya. Dr Govind Das Patel. Shri R. R. Rohatgi. Shrimati Sushila Patil, Shri Anantrao Roy, Shri Bishwanuth Patil. Shri C. A. Rtidra Pratap Singh, Dr. Patil, Shri E. V. Vikhe Saini. Shri Mulki Raj Patil, Shri Krisnarao Saksena, Prof. S. L. Patil. Shri S. B. Salve. Shri N. K. R Patil, Shri T. A. Samanta. Shri S. C Patnaik, Shri Banamali Sambhali, Shri Ishaque Patnaik. Shri J. B. Sanghi, Shri N. K. Pteje. Shri S. L. Sangliana. Shri Pradhan. Shri Dhan Shah Sankata Prasad, Dr. Pradhani, Shri K. Sant Bux Singh. Sbri Purty, Shri M. S. Sarkar, Shri Sakti Kumar Qureshi, Shri Mohd. Shaft Satish Chandra. Shri Raghu Ramaiah, Shri K. Satpathy. Shri Devendra Rai. Shri S. K. Savant, Shri Shankerrao Rai, Shrimati Sahodrabai Savitri Shyam, Shrimati Raj Bahadur, shri Sayeed, Shri P. M. Rajdeo Singh, Shri Scindia, Shri Madhavraoi Raju, Shri M. T. Sen, Shri A. K. Raju, Shri P. V. G. Sen, Dr. Ranen Ram. Shri Tulmohan Sethi, Shri Arjun Ram Dayal, Shri Shafee, shri A. Ram Prakash, Shri Shafquat Jung, Shrf 357 Constitution KARTHCA 10, 1888 (SAKA) (44fh Amdt.) BUI 358

Shahnawaz Khan, Shri Verma, Shri Balgovind Shallani, Shri Chandra Verma, Shri Sukhdeo Prasad Shambttu Nath, Shri Vidyalankar, Shri Amamath Shankar Dayal Singh, Shri Vi jay Pal Singh, Shri Shankaranand, Shri B. Vikal, Shri Ram Chandra Sharma, Shri A. P. Yadav, Shri Chandrajit Sharma, Dr. H. P. Yadav, Shri D. P. Sharma, Shri Madhoram Yadav, Shri Karan Singh Sharma, Shri Nawal Kishore Yadav, Shri N. P. Sharma, Dr. Shanker Dayal Yadav, Shri R. P. Shashi Bhushan, Shri Shastri, Shri Biswanarayan NOES Shastri, Shri Ramavatar Shastri, Shri Sheopujan Mayathevar, Shri K. Shenoy, Shri P. R. Nair, Shri Sreekantan Shinde, Shri Annasaheb P. Somasundaram, Shri S. D. Shivappa, Shri N. Shivnath Singh, Shri MR. SPEAKER: The result# of the Shukla, Shri B. R. Division is as follows: Ayes: 361; Shukla, Shri Vidya Charan Noes: 3. Siddayya, Shri S. M. The motion is carried by a majority Siddheshwar Prasad, Prof. of the total membership of the House Singh, Shri Vishwanath Pratap and by a majority of not less than Sinha, Shri Dharam Bir two-thirds of the Members present Sinha. Shri Nawal Kishore and voting. Sinha, Shri R. K. Sohan Lai, Shri T. The motion was adopted. Sokhi, Sardar Swaran Singh Clause 57 was addtd to the Bill Stephen, Shri C. M. Subramaniam, Shri C. Clause 58 Sunder Lai, Shri MR. SPEAKER- There are no amend- Surendra Pal Sini?h, Shri Suryanarayana. Shri K. m e n ts to clause 58. I shall now put Swaminathan, Shri R. V. i t to vote of the House. Swamy, Shri Sidrameshwar The question is: Swaran Singh, Shri Tarodekar, Shri V. B “That clause 58 stand part of the Tayyab Hussain, Shari Bill." Tewari, Shri Shankar Thakre, Shri S. B. The Lok Sab ha divided: Thakur, Shri Krishnarao AYES Tiwari, Shri R. G. Division No. 34] [19,12 hr*. Tiwary, Shri D. N. Tombi Singh, Shri N. Achal Singh, Shri Tula Ram, Shri Aga, Shri Syed Ahmed Tulslram, Shri V. Agrawal, Shri Shrikrishna Uikey, Shri M. G. Ahirwar, Shri Nathu Ram Ulaganambi, Shri R. P. Alagesan, Shri O. V. Veeriah, Shri K. Ambesh, Shri Venkatasubbaiah. Shri P. Anand Singh, Shri Venkatswamy, Shri G. Ankineedu, Shri Maganti

•The following Members also recorded their votes for AYES: Sarvashri Mohan Swarup, B. Satyanarayana, M. Sudarsanam, K. K- Shetty and Genda Singh. 3 5 9 Constitution NOVEMBER 1, 1976 (44th Amdt.) M "

Ansari, Shri Ziaur Rahman Das, Shri Dfaarnidhar Appalanaidu, Shri Dasappa, shri Tulsidas Arvind Netam, Shri Daschowdhury, Shri B. K, Austin, Or. Heniy Deo, Shri P. K. Awdesh Chandra Singh, Shri Deo, Shri R. R. Singh Azad, Shri Bhagwat Jha Deo, Shri & N. Singh Aziz Imam, Shri Desai, Shri D. D, Babunath Singh, Shri Deshmukh, Shri K. G. Bajpai, Shri Vidya Dhar Deshmukh, Shri Shivaji Rao S. Balakrishniah, Shri T. Deshpande, Shrimati Roza Banamali Babu. Shri Dhamankar, Shri Banera, Shri Hamendra Smgh Dharamgaj Singh, Shri Banerjee, Shri S. M. Dhillon, Dr. G. S. Banerjee, Shrimati Mukul Dhusia, Shri Anant Prasad Barman, Shri R. N. Dinesh Singh, Shri Barua, Shri Bedabrata Dixit, Shri G. C. Barupal, Shri Panna Lai Dixit, Shri Jagdish Chandra Basappa, Shri K. Dube, Shri J. P. Basumatari, Shri D. Dwivedi, Shri Nageshwar Besra, Shri S. C. Engti, Shri Biren Bhagat, Shri H. K. L. Gaekwad, Shri Fatesinghrao Bhargava, Shri Basheshwar Nath Gandhi, Shrimati Indira Bhargavi Thankappan, Shrimati Ganesh, Shri K. R. Bhatia, Shri Raghunandan Lai Ganga Devi, Shrimati Bhattacharyyia, Shri Chapalendu Gangadeb, Shri P. Bhaura, Shri B. S. Gautam, Shri C. D Bheeshmadev, Shri M. Gavit, Shri T. H. Bhuvarahan, Shri G. George, Shri A. C. Bist, Shri Narendra Singh Ghosh, Shri P. K. Brahmanandji, Shri Swami Gill, Shri Mohinder Smgh Brij Raj Singh—Kotah, Shri Giri, Shri V. Shankar Buta Singh, Shri Godara, shri Mam Ram Chakleshwar Singh, Shri Godfrey, Shrimati M. Chandra Gowda, Shri D B Gogoi. Shri Tarun Chandra Shekhar Singh, Shri Gokhale, Shri H. R. Chandrakar, Shri Chandulal Gomango, Shri Giridhar Chandrappan, shri C K Gopal, Shri K. Chandrashekharappa Veerabasappa, Goswami, Shri Dinesh Chandra Shri T. V. Gotkhinde, Shn Annasaheb Chandrika Prasad, Shri Gowda, Shn Pampan Chaturvedi, Shri Rohan Lai Gupta, Shri Indrajit Chaudhari, Shri Amarsinh Hansda, Shri Subodh Chaudhary, Shn Nitiraj Singh Hanumanthaiya, Shn K. Chavan, Shrimati Premalabai Hari Kishore Smgh, Shri Chavan, Shri Yeshwantrao Hari Smgh, Shri Chellachami, Shri A. M. Hashim, Shri M. M. Chhotey Lai, Shri Ishaque, Shri A. K. M. Chhutten Lai, Shri Jadeja, Shri D. P. Chikkaljngaiah, Shri K. Jaffer Sharief, Shri C. K. Choudhary, Shri B. E. Jagjivan Ram, Shri Daga, Shri M. C. Jamilurrahman, Shri Md. Dalbir Singh, Shri Janardhanan, Shri C Dalip Singh, Shri Jeyalakshmi, Shrimati V. Jha, Shri Bhogendra Darbara Singh, Shri Jha, Shri Chiranjib Das, Shri Anadi Charan Jharkhande Rai, Shri j f l Constitution KAKTIKA 10, 1888 (SAKA) (44th Amdt.) Bill

Jhunjhunwala, Shri Bishwanath Manhar, Shri Bhagatram Jitendra Prasad, Shri Manjhi, Shri Bhola Joseph, Shri 11 M. Maurya, Shri B. P. Joshi, Shri Popatlal M. Mehta, Dr. Mahipatray Joshi, Shrimati Subhadra Melkote, Dr. G. S. Kadam, Shn Dattajirao Mirdha, Shri Nathu Ram Kadam, Shri J. G. Mishra, Shri Bibhuti Kadannappalli, Shri Ramachandran Mishra, Shri G. S. Kader, Shri S. A. Mishra, Shri Jagannath Kahandole, Shri Z. M. Modi, Shri Shrikishan Kailas, Dr. Mohan Swarup, Shri Kakodkar, Shri Purushottam Mohapatra, Shri Shyam Sunder Kakoti, shri Robin Mohsin, Shri F. H. Kalingarayar, Shri Mohanraj Muhammed Sheriff, Shri Kalyanasundaram, Shri M. Mukerjee, Shri H. N. Kamakshaiah, Shri D. Munsi, Shri Priya Ranjan Das Kamala Prasad, Shri Murmu, Shri Yogesh Chandra Kamble, Shri N. S. Murthy, Shri B. S. Kamble, Shri T. D. Muruganantham, Shri S. A. Karan Singh, Dr. Nahata, Shri Amrit Kathamuthu, Shri M. Naik, Shri B. V. Kaul, Shrimati Sheila Nanda, Shri G. L. Kavde, Shri B. R. Nayak. Shri Baksi Kedar Nath Singh, Shri Negi, Shri Pratap Singh Khadilkar, Shri R. K. Nimbalkar, Shri Khan, Shri I. H. Oraon, Shri Kartik Kinder Lai. Shri Oraon, Shri Tuna Kisku, Shri A. K. Pahadia, Shri Jagannath Kotoki, Shri Liladhar Painuli, Shri Paripoornanand Kotrashetti, Shri A. K. Palodkar, Shri Manikrao Koya, Shri C. H. Mohaxned Panda, Shri D. K. Krishna Kumnari, Shrimati Pandey, Shri Damodar Krishnan, Shri G. Y. Pandey, Shri Krishna Chandra Krishnan, Shrimati Parvathi Pandey, Shri Narsingh Narain Krishnappa, Shri M. V. Pandey, Shn R. S. Kulkami, Shri Raja Pandey, Shri Sarjoo Kureel, Shri B. N. Pandey, Shri Sudhakar Kushok Bakula, Shri Pandey, Shri Tarkeshwar Lakkappa, Shri K. Pandit, Shri S. T Lakshminarayanan, Shri M. R. Panigrahi, Shri Chintamani Lambodar Baliyar, Shri Pant, Shri K. C. Laskar, Shri N ihar Paokai Haokip, Shri Lutfal Haque, Shri Parashar, Prof. Narain Chand ‘Madhukar’, Shri K. M. Parikh, Shri Rasiklal Mahajan, Shri Vikram Parthasarathy, Shri P. Mahajan, Shri Y. S. Paswan, Shri Ram Bhagat Maharaj Smgh, Shri Patel, Shri Arvind M. Mahishi, Dr. Sarojini Patel, Shri Natwarlal Majhi, Shri Gajadhar Patel, Shri Prabhudas Majhi. Shri Kumar Patel, Shri R. R. Malaviya, Shri K. D. Patil, Shri Anantrao Malhatra, Shri Inder J. Patil. Shri C. A. Mallanna, Shri K. Patil, Shri E. V. Vikhe Mallikarjun, Shrf Patil, Shri Krishnarao Mandal, Shri Jagdish Narain Patil, Shri S. B. Mandal, Shri Yamuna Prasad Patil, Shri T. A. VdnMW&h -IVV UflKBJEHV

Patnaik, Shri Banamali Sangliana, Shri Patnaik, Shri J. B. Sankata Prasad, Dr. Peje, Shri S. L. Sant Bux Singh, Shri Pradhan, Shri Dhan Shah Sarkar, Shri Sakti Kumar Pradhani, Shri K. Satish Chandra, Shri Purty, Shri M. S. Satpathy, shri Devendra Qureshii Shri Mohd. Shaft Satyanarayana, Shri B. Raghu Ramaiah, Shri K. Savsni, Shri Shankerrao Rai, Shri S. K. Savitn Shyam, Shrimati Rai, Shrimati Sahodrabai ?ayi»ed, Shri P. M. Raj Bahadur, Shri >Scii)dia Shri M adriv ao Rajdeo Singh, Shri Sen, Shri A. K. Raju, Shri P. V. G. Sen, Dr. Ranen Ram, Shri Tulmohan Sethi, Shri Arjun Ram Dayal, Shri Shaiee, Shri A. Ram Prakash, Shri Shafquat Jung, Shri R'am Sewak, Shri Shahnawaz Khan, shri Ram Singh Bhai, Shri Shailani, Shri Chandra Ram Surat Prasad, Shri Shambhu Nath, Shri Ram Swarup, Shri Shankar Dayal Singh, Shri Ramji Ram, Shn Shankaranand, Shri B Ramshekhar Prasad Singh, Shri Sharma, Shri A. P. Ranababadur Singh, Shri Sharma, Dr H. P. Rao, Shrimati B. Radhabai A. Sharma, Shri Madhordm Rao, Shri J. Rameshwar Sharma, Shri Nawal Kishore Rao, Shri Jagannath Sharma, Dr. Shanker Dayal Rao, Dr. K. L Shashi Bhushan, Shri Rao, Shri K, Narayana Shastri, Shn Biswanarayan Rao, Shri M. S. Sanjeevi Shastri, Shri Ramavatar Rao, Shri M. Satyanarayan Shastrj, Shri Sheopujan Rao, Shn Nageswara Shcnoy, Shri P. R. Rao, Shri P. Ankineedu Prasada Shetty, Shri K. K. Rao, Shri Pattabhi Rama Shinde, Shri Annasaheb P. Rao, Shri Rajagopala Shivappa, Shri N. Rao, Dr. V. K. R. Varadaraja Shivnath Singh, Shri Rathia, Shri Umed Singh Shukla, Shri B. R. Raut, Shri Bhola Shukla, Shri Vidya Charan Ravi, Shri Vayalar Siddayya, Shri S. M. Ray, Shrimati Maya Siddheshwar Prasad, Prof. Reddy, Shri K. Kodanda Rami Singh, Shri Vishwanath Pratap Reddy, Shri K. Ramakrishna Sinha, Shri Dharam Bir Reddy, Shri M. Ram Gopal Sinha, Shri Nawal Kishore Reddy, Shri P. Bayapa Sinha, Shri R. K. R'eddy, Shri P. Ganga Sohan Lai, Shri T Reddy, Shri P. Narasimha Sokhi, Sardar Swaran Singh Reddy, Shri P. V. Stephen, Shri C. M. Reddy, Shri Sidram Subramaniam, Shri C. Reddy, Shri Y. Eswara Sudarsanam, Shri M. Rirhhariya, Dr. Govind Das Sunder Lai, Shri Rohatgi, Shrimati Sushila Surendra Pal Singh, Shri Roy, Shrj Bishwanath Suryanarayana, Shri K. Rudra Pratap Singh, Dr. Swaminathan, Shri R. V. Saini, Shri Mulki Raj Swamy, Shri Sidrameshwar Samanta, Shri S. C. Swaran Singh, Shri Sambhali, Shri Ishaque Tarodekar, Shri V. B. Sanghi, Shri N. K. Tayyab Hussain, Shri 3&5 Constitution KARTIKA 10, 1888 (SAKA) (44th Amdt.) Bill 36 6

Tiwari, Shri Shankar Clause 17 are not any textual amend- Thakre, Shri S. B. ments in the Constitution. They are Thakur, Shri Knshnarao only provisions to take care of the Tiwari, Shri R. O. pendancy of proceedings and they are Tiwary, Shri D. N. in respect of powers for removal of Tombi Singh, Shri N. difficulties. They are not part of the Tula Ram, Shri Constitution but they will form part Tulsiram, shri V. of this Act. Uikey, Shri M. G. Ulaganambi, Shri R. P. MR. SPEAKER: I will put amend- Vekaria, Shri ment No. 488 to the vote of the House. Venkatasubbaiah, Shri P. Venkataswamy, Shri G. Amendment No. 488 was Put and Verma, Shri Balgovind negatived. Verma, Shri Sukhdeo Prasad Vidyalankar, Shri Amarnath MR. SPEAKER: I will put amend- Vijay Pal Singh, Shri ment No. 543 to the% vote of the Vikal, Shri Ram Chandra House. Yadav, Shri Chandrajit Amendment No. 543 was put and Yadav, Shri D. P. negatived. Yadav, Shri Karan Singh MR. SPEAKER: I will put amend, Yadav, Shri N. P. ment No. 569 to the vote of the House. Yadav, Shri R. P. Amendment No. 569 was put and NOES negatived. NIL PROF S. L. SAKSENA: Sir, ayes MR SPEAKER: The result* of the have it. Division is as follows: Ayes: 365; Noes: Nil. MR SPEAKER: Your vote is re- The motion is carried by a majority corded. of the total membership of the House MR. SPEAKER: I will put all other and by a majority of not less than amendments to Clause 59 to the vote two-thirds of the Members present of the House. and voting. Amendments Nos. 99, 203, 204, 205» The motion was adopted. 570, 589, 609, 626, 627, 633, 648 and Clause 58 was added to the Bill. 650 were put and negatived. MR SPEAKER: The question is: Clause 59 “That Clause 59 stand part of the SHRI INDRAJIT GUPTA: Sir, may Bill.” I just ask the Law Minister about this clause if it is adopted where in The Lok Sabha divided: the Constitution does he propose to insert it? Is it to be a new Article Division No. 35] [19.18 h n . or is it to be added to some existing Article? Nothing is mentioned here. AYES Achal Smgh, Shri SHRI H. R. GOKHALE: It would not be here because some clauses Aga, Shri Syed Ahmed like Clause 59 and sub-clause 2 to Agarwal, Shri Shrikrishna

•The following Members also recorded their votes: AYES: Sarvashri L. K. Dumada and Genda Singh; NOES: Prof. S. L. Saksena. 367 Constitution NOVEMBER j, 1970 (4ttfc Amdt.) Bill Ahirwar, Shri Nathu Ram Chavan, Shri Yeshwantrao Alagesan, Shri O. V. Chellachami, Shri A. M. Ambesh, Shri Chhotey Lai, Shri Anand Singh, Shri Chhutten Lai, Shri Ankineedu, Shri Maganti Chikkalingaiah, Shri K. Ansari, Shri Ziaur Rahman Choudhary, Shri B. E. Appalanaidu, Shri Daga, Shri M. C. Arvind Netam, Shri Dalbir Singh, Shri Austin, Dr. Henry Darbara Singh, Shri Awdhesh Chandra Singh, Shri Das, Shri Anadi Charan Azad, Shri Bhagwat Jha Das, Shri Dharnidhar Aziz Imam, Shri Dasappa, Shri Tulsidas Babunath Singh, Shri Daschowdhury, Shri B. K. Bajpai, Shri Vidya Dhar Deo, Shri P. K. Balakrishnikh, Shri T. Deo, Shri R. R. Singh Banamali Babu, Shri Deo, Shri S. N. Singh Banera, Shri Hamendra Singh Desai, Shri D. D. Banerjee, Shrimati Mukul Deshmukh, Shri Shivaji Rao S. Barman, Shri R. N. Dhamankar, Shri Barua, Shri Bedabrata Dharamgaj Singh, Shri Barupal, Shri Panna Lai Dhillon, Dr. G. S. Basappa, Shri K. Dinesh Singh, Shri Basumatari, Shri D. Dixit, Shri G. C. Besra, Shri S. C. Dixit, Shri Jagdish Chandra Bhagat, Shri H. K. L. Dube, Shri J. P. Bhargava, Shri Basheshwar Nath Dumada. Shri L. K Bhatia, Shri Raghunandan Lai Dwivedi, Shri Nageshwar Bhattacharyyia,, Shri Chapalendu Engti, Shn Biren Bheshmadev, Shri M. Gaekwad, Shri Fatesinghrao Bhuvarahan, Shri G. Gandhi, Shnmati Indira Bist, Shri Narendra Singh Ganesh, Shri K R. Brahmanandji, Shri Swami Ganga Devi, Shrimati Brij Raj Singh—Kotah, Shri Gangadeb, Shn P. Buta Singh, Shn Gautam, Shri C. D. Chakleshwar Singh, Shri Gavit, Shri T H Chandra Gowda, Shri D. B. George, Shri A C. Chandrakar, Shri Chandulal Ghosh, Shri P. K. Chandrashekharappa Veerabasappa, Shri T. V. Gill, Shri Mohinder Singh Chandrika Prasad. Shri Giri, Shri V. Shanker Chaturvedi, Shri Rohan Lai Godara, Shri Mani Ram Chaudhari, Shri Amarsinh Chaudhary, Shri Nitiraj Singh Godfrey, Shrimati M. Chavan, Shrimati Premalabai Gogoi, Shri Tarun • £6$ C onttitutton KARTIKA 10, 1898 (SAKA) (44th Amdt.) Bill 370 Gokhale, Shri H. R. . Lutfal Haque, Shri Gomango, Shri Giridhar Mahajan, Shri Vikram Gopal, Shri K. Mahajan, Shri Y. S. Goswami, Shri Dinesh Chandra Maharaj Singh, SHri Gotkhinde, Shri Axmasaheb Mahishi, Dr. Sarojini Gowda, Shri Pampan Majhi, Shri Gajadhar Hansda, Shri Subodh Majhi, Shri Kumar Hanumanthaiya, Shri K. Malaviya, Shri K. D. Hari Kishore Singh, Shri Malhotra, Shri Inder J. Hari Singh, Shri Mallanna, Shri K. Hashim, Shri M. M. Mallikarjun, Shri Ishaque, Shri A. K. M. Mandal, Shri Jagdish Narain Jadeja,. Shri D. P. Mandal, Shri Yamuna Prasad Jaffer Sharief, Shri C. K. Manhar, Shri Bhagatram Jagjivan him, Shri Maurya, Shri B. P. Jamilurrahman, Shri Md. Mehta, Dr. Mahipatray Jeyalakshrci, Shrimati V. Melkote, Dr. G. S. Jha, Shri Chiranjib Mirdha, Shri Nathu Ram Jhunjhunwala, Shri Bishwanath Mishra, Shri Bibhuti Jitendra Prasad, Shri Mishra,. Shri G. S. Joseph, Shri M. M. Mishra, Shri Jagannath Joshi, Shri Popatlal M. Modi, Shri Shrikishan Joshi, Shrimati Subhadra Mohapatra, Shri Shyam Sunder Kadam, Shri Dattajirao Mohsin, Shri P. H. Kadam,. Shri J. G. Muhammed Sheriff, Shri Kadannappalli, Shri Ramachandran Munsi, Shri Priya Ran j an Das Kader, Shri S. A. Murmu, Shri Yogesh Chandra Kahandole, Shri Z. M. Murthy, Shri B. S. Kailas, Dr. Nahata, Shri Amrit Kakodkar, Shri Purushottam Naik, Shri B. V. Kakoti, Shri Robin Nanda, Shri G. L. Kalingarayar, Shri Moh^nraj Nayak, Shri Baksi Kamalcshaiah, Shri D. Negi, Shri Pratap Singh Kamala Prasad, Shri Nimbalkar, Shri Kamble. Shri N. S. Oraon, Shri Kartik Kamble, Shri T. D. Oraon. Shri Tuna Karan Singh, Dr. Pahadia, Shri Jagannath Kaul, Shrimati Sheila Painuli, Shri Paripoomanand Kavade, Shri B. R. Palodkar, Shri Manikrao Kedar Nath Singh, Shri Pandey, Shri Damodar Khadilkar, Shri R. K. Pandey, Shri Krishna Chandra Khan, Shri I. H Pandey, Shri Narsingh Narain Kinder Lai, Shri Pandey, Shri R. S. Kisku, Shri A. K. Pandey, Shri Sudhakar Kotoki, Shri Liladhar Pandey, Shri Tarkeshwar Kotrashetti, Shri A. K. Pandit, Shri S. T. Koya, Shri C. H. Mohamed Panigrahi, Shri Chintamani Krishna Kumari, Shrimati Pant, Shri K C. Krishnan, Shri G. Y. Paokai Haokip, Shri Krishnappa, Shri M. V. Parashar, Prof. Narain Chand Kulkarni, Shri Raja Parikh, Shri Rasiklal Kureel. Shri B. N. Parthasarathy. Shri P. Kushok Bakula,, Shri Paswan, Shri Ram Bhagat Lakkappa, Shri K. Patel, Shri Arvind M. Lakshmlnarayanan, Shri M. R. Patel, Shri Natwarlal Lambodar Beliyar, Shri Patel,, Shri Prabhudas Laskar, Shri Nihar Patel, Shri R. R. .371 Constitution NOVEMBER 1, 1976 (44th A m d t) fiift

Patil, Shri Anantrao Saini, Shri Mulk5 Raj Patil, Shri C. A. Salve, Shri N. K. P. Patil, Shri E. V. Vikhe Samanta, Shri S. C. Patil, Shri Krishnarao Sanghi, Shri N. K. Patil, Shri S. B. * Sanglina, Shri Patil, Shri T. A. Sankata Prasad, Dr. Patnaik, Shri Banamali Sant Bux Singh, Shri Patnaik, Shn J. B. Sarkar, Shri Sakti Kumar Peje, Shri S. L. Satish Chandra, Shri Pradhan, Shri Dhan Singh Satpathy, Shri Devendra Pradham, Shri K. Satyanarayana, Shri B. Puxty, Shn M. S Savant, Shri Shankerrao Qureshi, Shri Mohd. Shafi Savitri Shyam, Shrimati Raghu Ramaiah, Shri K. Sayeed, Shn P. M. Rai, Shn S. K. Scindia, Shn Madhavrao Rai, Shrimati Sahodrabai Sen, Shri A- K. Raj Bahadur, Shri Sethi, Shri Arjun Rajdeo Singh, Shri Shafee, Shri A. Raju, Shn M. T. Shafquat Jung, Shri Ram, Shn Tulmohan Shahnawaz Khan, shri Ram Dayal, Shri Shailani, Shri Chandra Ram Prakash, Shri Shambhu Nath, Shri Ram Sewak, Ch. Shankar Dayal Singh, Shri Ram Smgh Bhai, Shn Shankaranand, Shri B. Ram Surat Prasad, Shri Sharma, Shri A. P Ram Swarup, Shri Sharma, Dr. H P Ramji Ram, Shn Sharma, Shri Madhoram Ramshekhar Prasad Singh, Shri Sharma, Shri Nawal Kishore Ranabahadur Singh, Shri Sharma, Dr Shanker Dayal Rao, Shrimati B Radhabai A. Shashi Bhushan, Shri Rao, Shn J. Rameshwar Shastri, Shn Biswanarayan Rao, Shn Jagannath Shastri, Shri Sheopujan Rao, Dr K L Shenoy, Shri P R. Rao, Shri K Narayana Shetty, shri K. K. Rao, Shri M. S Sanjeevi Shmde, Shri Annasaheb P. Rao, Shri M. Satyanarayan Shivappa, Shri N. Rao, Shri Nageshwara Shivnath Singh, Shn Rao, Shri P. Ankineedu Prasada Shukla, Shri B. R. Rao, Shri Pattabhi Rama Shukla, Shri Vidya Charan Rao, Shri Rajagopala Siddayya, Shri S. M. Rao, Dr. V. K. R. Varadaraja Siddheshwar Prasad, Prof. Rathia, Shri Umed Singh Singh, Shri Vishwanath Pratap Raut, Shri Bhola Sinha, shri Dharam Bir Ravi, Shri Vayalar Sinha, Shri Nawal Kishore Ray, Shrimati Maya Sinha, Shri R. K. Reddy, Shri K. Kodanda Rami Sohan Lai, Shri T Reddy, Shri K. Ramakrishna Sokhi, Sardar Swaran Singh Reddy, Shri M. Ram Gopal Stephen, Shri C- M. Reddy, Shri P. Bayapa Subramaniam, Shri C. Reddy, Shri P. Ganga Sudarsanam, Shri M- Reddy, Shri P. Narasimha Sunder Lai, Shri Reddy, Shri P. V. Surendra Pal Singh, Shri Reddy, Shri Sidram Suryanarayana, Shri K. Rfchhariya, Dr Govind Das Swaminathan, Shri R. V. Rohatgi, Shrimati Sushila Swamy, Shri Sidrameshwar Roy, Shri Bishwanath Swaran Singh, Shri Rundra Pratap Singh, Dr. Tarodekar, Shri V. B. 3 7 5 ----- CWSKlt«B©** KXSSHKK 10, i m (SAKA) (44th Amdt.) Bill 374 Tayyab Husain, Shri Maya-Thevar, Shri K. Tewari, Shri Shankar Mukerjee, Shri H. N. Thakre, Shri S. B- Muuruganantham, Shri S. A. Thakur, Shri Krishnarao Nair, Shri Sreekantan Tiwari, Shri R. G. Panda, Shri D- K. Tiwary, Shri D. N. Pandey, Shri Sarjoo Tombi Singh, Shri N. Reddy, Shri Y- Eswara Tula Ram, Shri Sambhali, Shri Ishaque Tulsiram, Shri V. Sen, Dr. Ranen Uikey, Shri M. G. Shastri, Shri Ramavatar Ulaganambi, Shri R. P. Somasundaram, Shri S- D. Vekaria, Shri ^ Venkatasubbaiah, Shri p. MR. SPEAKER: The result* of the division is: Venkatswamy, Shri G. Verma, Shrx Balgovind Ayes :340; Verma, Shri Sukhdeo Prasad Noes :26. Vidyalankar, Shri Amamath Vikal, Shri Ram Chandra The motion is carried by a majority of the total membership of the House Yadav, Shri Chandrajit and by a majority of not lesg than Yadav, Shri D. P. two-thirds of the Members present Yadav, Shri Karan Singh and voting. Yadav, Shri N. P. The motion was adopted. Yadav, Shri R. P ' Clause 59 was added to the Bill.

NOES Clause 1 Banerjee, Shri S. M. Bhargavi Thankappan, Shrimati MR. SPEAKER: We shall now take up clause 1. There is one amend- Bhaura, Shri B. S. ment moved by the Government to Chandra Shekhar Singh, Shri this clause. The question is: Chandrappan, Shri C. K. “Page 1, lines 3 and 4,— Deshpande, Shrimati Roza Gupta, Indrajit for “(Forty-fourth Amendment)'* substitute “ (Forty-second Amend- Janardhanan, Shri C. ' ment)”. (548). Jha, Shri Bhogendra Jharkhande Rai, Shri The motion was adopted. Kalyanasundaran, Shri M. MR. SPEAKER: The question is: Kathamuthu, Shri M. 'That clause 1. as amended, stand Krishnan, Shrimati Parvathi part 01 the Bill.” ‘Madhukar*, Shri M. M. Manjhi, Shri Bhola The Lok Sabha divided; ‘The following Members also recorded their votes. AYES; Sarvashri Mohan Swarup, P. U. G. Raju. Anant Prasad; Dhusia, and Genda Singh; NOES: Prof. S. L. Saksena, Shri Vijay Pal Singh and Shri P. G. Mavalankar. 375 Constitution NOVEMBER 1, 1976 <44tfe Arndt.) Sill *7*

DlvMan No. SC] [10JW b n . Chandra Oowda, Slui D. B. Chandra Shekhar Singh, Shri AYES Chandrakar, Shri Chandulal Achal Singh, Shri ChandrashekharoppB Veerabaaappau' Shri T. V. Aga, Shri Syed Ahmed Chandrika Prasad, Shri Agrawal, Shri Shrikrishna Chaturvedi, Shri Rohan Lai Ahirwar, Shri Nathu Ram Chandhari, Shri Amersinh Alagesan, Shri O. V. Chaudhary, Shri Nitiraj Singh Ambesh, Shri Chavan, Shrimati Premalabai Anand Singh, Shri Chavan, Shri Yeshwantrao Ankineedu, Shri Maganti Chellachami, Shri A. M. Ansari, Shri Ziaur Rahman Chhotey Lai, Shri Appalanaidu, Shri Chhutten Lai, Shri Arvind Netam, Shri Chikkalingaiah, Shri K. Austin, Dr. Henry Choudhary, Shri B. E. Awdhesh Chandra Singh, Shri Daga, Shri M. C. Azad, Shri Bhagwat Jha Dalbir Singh, Shri Aziz Imam, Shri Dalip Singh, Shri Babunath Singh, Shri Darbara Singh, Shri Bajpai, Shri Vidya Dhar Das, Shri Anadi Charan Balakrishniah, Shri T. Banamah Babu, Shri Das, Shri Dhamidhar Banera, Shri Hamendra Singh Dasappa, Shri Tulsidas Banerjee, Shri S. M. Daschowdhury, Shri B. K. Banerjee, Shrimati Mukul Deo, Shri P. K. Barman, Shri R. N. Deo. Shri R. R. Singh Barua, Shri Bedabrata Deo, Shri S. N. Singh Barupal, Shri Panna Lai Desai, Shri D. D. Basappa, Shri K. Deshmukh, Shri K. G. Basumatari, Shri D. Deshmukh, Shri Shivaji Rao S. Besra, Shri S. C. Deshpande, Shrimati Roza Bhagat, Shri H. K. L. Dhamankar, Shri Bhargava, Shri Basheshwar Nath Dharamgaj Singh, Shri Bhargavi Thankappan, Shrimati Dhillon, Dr G. S. Bhatla, Shri Raghunandan Lai Dhusia, Sbri Anant Prasad BhattacharyyiR. Shn Chapalendu Dinesh Singh, Shri Bhaura, Shri B. S. Dixit, Shri G. C. Bbeeshmadev, Shri M. Dixit, Shri Jagdish Chandra Bhuvarahan, Shri G. Dumada, Shri L. K. Bist, Shri Narendra Singh Dwivedi, Shri Nageshwar Bralhmanendji, Shri Swamy Engti, Shri Biren Brlj Raj Singh—Kotah, Shri Gaekwad, Shri Fateiinghrao Buta Singh, Shri Gandhi, Shrimati Indira Chakleahwar Singh, Shri Ganeth, Shri K. St. 377 Constitution KABT1KA 10, 1808 (SAKA) («th Amdt.) B ill

•Gang* Devi, Shrimati Kalyanasundaram, Shri M. •Gangadab, Shri P. Kamakshaiah, Shri D. Oautam, Shri C. D. KamalA Prasad, Shri

Rao, Shri P. Ankineedu Prasada Shambhu Nath, Shri Rao, Shri Pattabhi Rama Shankar Dayal Singh, Shri Rao, Shri Rajagopala Shankaranand, Shri B. Rao, Dr. V. K. R. Varadaraja Sharma, Shri A. P. Rathia, Shri Umed Singh Sharma, Dr. H. P. Raut, Shri Bhola Sharma, Shri Madhoram Ravi, Shri Vayalar Sharma, Shri Nawal Kishore Ray, Shrimati Maya Sharma, Dr. Shanker Dayal Reddy, Shri K. Kodanda Rami Shashi Bhushan, Shri Reddy, Shri K. Ramakrishna Shastri, Shri Biswanarayan Reddy, Shri M. Ram Gopal Shastri, Shri Ramavatar Reddy, Shri P. Bayapa Shastri, Shri Sheopujan Reddy, Shri P. Ganga Shenoy, Shri P. R. Reddy, Shri P. Narasimha Shi tide, Shri Annasaheb P. Reddy, Shri P. V. Shivappa, Shri N. Reddy, Shri Sidram Shivnath Singh, Shri Reddy, Shri Y. Eswara Shukla, Shri B. R. Richhariya, Dr. Govind Das Shukla, Shri Vidya Charan Rohatgi, Shrimati Sushila Siddayya, Shri S. M. Roy, Shri Bishwanath Siddheshwar Prasad, Prof. Rudra Pratap Singh, Dr. Singh, Shri Vishwanath Pratap Saini, Shri Mulki Raj Sinha, Shn Dharam Bir Salve, Shri N. K. P. Sinha. Shri Nawal Kishore Samanta, Shri S. C. Sinha, Shri R. K. Sambhali. Shri Ishaque Sohan Lai, Shii T. Sanghi, Shri N. K. Sokhi, Sardar Swaran Singh Sangliana, Shri Stephen, Shri C. M. Sankata Prasad, Dr. Subramaniam, Shri C. Sant Bux Singh, Shri Sudarsanam, Shri M. Sarkar, shri Sakti Kumar Sunder Lai, Shri Satish Chandra, Shri Surendra Pal Singh, Shri Satpathy, Shri Devendra Suryanarayana, Shri K. Satyanarayana, Shri B. Swaminathan, Shri R. V. Savant, Shri Shankerrao Swamy, Shri Sidrameshwac Savitri Shyam, Shrimati Swaran Singh, Shri Sayeed, Shri P. M. Tarodekar, Shri V. B. Scindia, Shri Madhavrao Tayyab Hussain, Shri Sen, Shri A. K. Tewari, Shri Shankar Sethi, Shri Arjun Thakre, Shri S. B. Shafee, Shri A. Thakur, Shri Krishnarao Shafquat Jung, Shri Tiwari, Shri R. G. Shahnawaz Khan, Shri Tiwary, Shri D. N. Jhailani, Shri Chandra Tombi Singh, Shri N. 383 Constitution NOVEMBER 1, 1*76 <44*h Arndt.) Sill %ft Tula Ran, Shri the Long Tffifc I tihAli put ifca Tulairam, Sbri V. amendment to the vote of th# Hou* T 9 > * question ig: Uikey, Shri M. G. Ulaganambi, Shri R. P. Pagel,— Vekaria, Shri in the long title— Venkatasubbaiah, Shri P. for “Constitution o f India” Venkatswamy, Shri G. substitute—"Bharat Ka Sonvi. Verma, Shri Balgovind dhan” (401) Verma, Shri Sukhdeo Prasad The motion was negatived. Vidyalankar, Shri Amarnath MR. SPEAKER: The question it: Vijay Pal Singh, Shri “That the Enacting Formula and Vikal, Shri Ram Chandra the Long Title stand part of the Bill.” Yadav, Shri Chandra jit The motion was adopted. Yadav, Shri D. P. Yadav, Shri Karan Singh The Enacting Formula and the Long Title were added to the Bill Yadav, Shri N. P. MR. SPEAKER: Tomorrow we will Yadav, Shri R. P. be having the Third Reading and we will have division after the final reading at NOES 6 p.m Saksena, Prof. S L SHRI INDRAJIT GUPTA: WiU there be enough speakers to carry on MR. SPEAKER: The result* of the for the whole day? division is: Ayes 357; Noes 1. MR SPEAKER: We presume so. The motion is carried by a majority of the total membership of the House SHRI K RAGU RAMIAH: When I and by a majority of not less than two- requested the hon Membfers to hasten thirds of the Members present and up with the discussion on clause-by voting. clause, I promised them there would The motion was adopted. be sufficient time for discussion during the third reading stage and I stand by Clause 1, as amended, was added to that commitment. the Bill 19.25 hrs Enacting Formula and 1 ^ 4 Title Th

•The following Members also Recorded their votes for AYES: Sarvshri P. V. G. Raju. K. K. Shetty,' D. P. Jadeja, Genda Singh, and Bishwanath Jhunj'hunwala.

OMGIPMD—L—*2060 L.S—8-11*76— 1578